High court judge Arifin Jaka this morning ruled that Prime Minister Dr Mahathir Mohamad needl not testify in court in the ongoing sodomy trial of jailed former deputy premier Anwar Ibrahim.

"I come to the conclusion that the defence has failed to satisfy the court on the relevance of evidence that Dr Mahathir could possibly offer to the defence. Accordingly, the subpoena set to Dr Mahathir is put aside and I rule that he need not attend court to give evidence for the defence," Arifin said to which some members of the public gallery reacted with expressions of profanities.

He added that there was no evidence to show or even suggest that the prime minister was involved in a conspiracy to fabricate evidence of sodomy against Anwar as alleged by the defence.

"There is not an iota of evidence by any witness so far to show Dr Mahathir is involved in a political conspiracy to topple Anwar. I treat Dr Mahathir just like any other citizen without any privileges. But under these circumstances ( the submission by the defence), it is futile to call the prime minister to give evidence in this trial," said Arifin.

Immediately after the judge read out his judgement, Anwar stood up from the dock and said that "Dr Mahathir should have the moral courage to come. Where is the justice in this court? You did not consider at all my views. We have a judgement that takes Dr Mahathir's views as the gospel truth. He has been roaring like a lion to the whole world but now turns timid as a mouse shuddering the thought of being questioned by my counsel."

The judge said, "I am not going to listen to him (Anwar)."

The court was then adjourned for almost an hour. Anwar, dressed in a light blue, long-sleeved shirt was seen engaged in a discussion with his lawyers.

Later, when the court resumed, his lawyer Karpal Singh told the judge that Anwar and his adopted brother Sukma Dermawan would want to reconsider what had to be done from this point onwards.

(The court was told on Wednesday that the rest of the defence witnesses, including finance minister Daim Zainuddin, deputy education minister Aziz Shamsuddin, former consumer affairs minister Megat Junid Megat Ayob and his wife Ziela Jalil would only be called if Mahathir was allowed to testify in the trial.)

"What is a matter of regret is that there is no appeal against the ruling made," Karpal said, adding that according to Anwar and Sukma that from this point onwards, the whole defence and subsequent witnesses depended very much upon whether the prime minister' would be called to give evidence.

In response, Arifin said, "I cannot reconsider or review my decision, but I can give you time to reconsider what you want to continue from here. I am not in a hurry and I don't want to hurry you as well."

At this point, defence counsel Christopher Fernando stood up and said that Anwar wanted to think about the matter carefully and return to the court on Monday to give his lawyers his final instructions as to whether he wanted to proceed with the trial or to abandon it.

"I have consulted my client who said that his confidence in the administration of justice has completely eroded. He is very upset and I will advise him about that," Fernando said.

Arifin interrupted and told Fernando, "There is no point in telling me this. It is between you and your client."

Fernando in response told the judge to let him complete what he had to say.

"My client's immediate reaction as of now is to abandon this trial as he sees (now) that his chances of succeeding in this trial are next to zero. But in any case, he has accepted my advice to think over this matter over the weekend seriously and in light of this we seek adjournment only up to Monday," Fernando added.

Subsequently, Sukma's lawyer Gobind Singh Deo stood up and told the judge that neither he nor his client understood the decision given by him (Arifin).

"It makes it difficult for me to explain to someone something that I myself do not understand. Deep down inside, I am absolutely sure many others also do not understand it (the judgement)," Gobind said to loud cheers from the public gallery.

"It is sad for me to say that chunks of my submission were not considered," he added.

Arifin interrupted and said, "I am not going to review my decision. I am not going to allow you to talk about my judgement or tell me at this stage that I have not considered your submission. I have given my ruling and that is final as far as I am concerned."

"If you are not happy or satisfied with my decision, it is for another tribunal to consider whether my ruling is right or wrong," Arifin added.

The outburst between the judge and Gobind continued when he (Gobind) said that Mahathir was the only witness Sukma had who could tell the court that star prosecution witness Azizan Abu Bakar had denied any sexual relationship with Anwar.

"The court is allowing me time to find another witness to say what Mahathir can say. But when I ask for Mahathir to be called in as a witness, you say his evidence is irrelevant," Gobind added.

Arifin, in response, told Gobind to keep cool.

Meanwhile, the hearing continues next Wednesday as requested later by the defence after consulting Anwar again.

Anwar, currently serving a six-year jail term for corruption, is on trial for sodomy and sexual misconduct.

He and Sukma are charged with sodomising Azizan at Sukma's apartment in Tivolli Villas, Bangsar on "one night at 7.45pm, between January and March, 1993".

Anwar has repeatedly denied all charges and said they were fabricated by political rivals to end his political career.