Lead defence counsel Raja Aziz Addruse told the Court of Appeal today that the corruption charges preferred against sacked deputy prime minister Anwar Ibrahim under Section 2 of the Emergency Ordinance Act was an abuse of the court process.

He said that the Dewan Rakyat had passed a resolution to annul the Act on Jan 8, 1998, while the charges preferred against Anwar were filed on Oct 22, 1998.

"Even though the Act has yet to be formally annulled by taking it to the second stage in Dewan Negara, it would be invidious and oppressive to continue to subject the appellant to prosecution on the four corruption charges," said Aziz.

Aziz told the court that the Ordinance under which Anwar was charged was about to be repealed to allow the Anti-Corruption Act 1997 to replace the Ordinance and the Anti-Corruption Act of 1961 and 1982.

Court of Appeal president Lamin Yunus and two other judges, Ahmad Fairuz and Mokhtar Sidin, today began hearing the appeal by Anwar against his six-year conviction for corruption relating to abuse of power while in office.

Anwar was convicted for four counts of corruption last April. They involved Anwar using his power in his bid to escape criminal prosecution by prodding high-ranking police officers to procure from former driver Azizan Abu Bakar and Ummi Hafilda Ali a denial of allegations of sodomy and sexual misconduct.

Azizan and Ummi, sister to Anwar's former political secretary, had written letters to Prime Minister Mahathir Mohamad alleging that Azizan was repeatedly sodomised by the former deputy premier. They, however, retracted their letters later and said the allegations contained in them were untrue and baseless.

Aziz also told the court that judge Augustine Paul who heard the corruption trial had "erred in law" by allowing the prosecution to amend the charges "especially after he had heard prejudicial evidence against Anwar".

Paul allowed the prosecution to amend the corruption charges framed against Anwar after the court had heard lurid sexual details from witnesses. While the earlier charge compelled the prosecution to prove the allegations were true, the amended charges warranted them only to show the court that Anwar has abused his powers to procure the retraction from Azizan and Ummi.

Arguing that his client's image was tarnished by the sordid sexual details heard in court, Aziz said the charges were amended when the prosecution "found it was impossible to prove the sodomy and sexual misconduct allegations".

"He (Paul) has given no credible reasons for the amendments. If not for the amendments, the prosecution would have collapsed at that stage."

Aziz also pointed out that following the amendments, certain evidence that was crucial to the defence was expunged.

"The judge has no right to expunge evidence," he said.

Anwar, dressed in a long-sleeved white shirt and grey slacks, hugged his daughter Nurul Izzah and relatives when he appeared in court for his appeal hearing.

A water cannon truck manned by police personnel was parked outside the court house but there were no untoward incidents.

However, 10 people staged a silent protest outside the court house with cellophane tapes over their mouth to highlight the constraints imposed on freedom of speech by the ruling government at the end of today's appeal hearing.

The tapes displayed slogans like "Reformasi", "Shut up or face the music"and "Lawan tetap lawan" (we will continue fighting).

Aziz told malaysiakini that the defence expects to complete its case by Wednesday.

Meanwhile, the trial involving 28 people who were arrested last September for taking part in a pro-reformasi demonstration in downtown Kuala Lumpur was postponed to tomorrow morning following preliminary objections raised by the defence lawyers.

In addition to the corruption conviction, Anwar is currently facing charges of sodomy. He and his adopted brother Sukma Dermawan Sasmitaat Madja are charged with sodomising Azizan "on one night between January and March 1993 at 7.45 pm". Sukma is also charged for abetting and aiding Anwar to force sex on Azizan.

Anwar currently serves a six-year jail term for corruption. The one-time heir apparent who was sacked from office in September 1998 has repeatedly denied all charges and says they were fabricated to end his political career.

Meanwhile, the US State Department, in a report released Friday, has strongly criticised the conduct of Anwar's corruption trial.

"Improper conduct by the police and prosecutors, along with many questionable rulings by the judge, denied Anwar a fair opportunity to defend himself," the report said.

Deputy Prime Minister Abdullah Ahmad Badawi has criticised the report which he terms as an intervention into Malaysia's internal affairs. He has strongly urged the US government to stop playing the "international policeman" role.