Prime minister Mahathir Mohamed remains as the sole Malaysian immune from legal process, jailed former deputy prime minister Anwar Ibrahim claimed this morning in response to High Court judge Arifin Jaka's decision that the prime minister need not give evidence in court.

"This decision shows that Dr Mahathir can freely act with complete impunity vis-a-vis the judiciary. In fact, he had the audacity to ignore the subpoena contrary to his pious platitudes of respecting and upholding the rule of law, and his preparedness to testify in court," Anwar wrote in a press statement handed by his family members to journalists outside the courtroom an hour after Arifin adjourned the proceeding after he made his ruling.

Anwar said that the prime minister's failure to appear in court would deprive him of the right to adduce evidence and the opportunity for rebuttal in his ongoing sodomy trial.

"Mahathir is privy to the facts and events behind this web of intrigue and the entire sickening charade. Apparently, even in such a clear cut case, measures are taken to deprive me of my legitimate and legal rights," he said.

Anwar reiterated that Mahathir was a material witness to the trial, based on the evidence, exhibits and affidavits, including one tendered in the court by the prime minister.

"There is no rational decision for his (Mahathir's) adamant refusal to testify in court other than his fear that his evil machinations, the political conspiracy of using the instruments of government including to fabricate evidence would be further exposed," Anwar said.

One of his lawyers, Gurbachan Singh, today also said that Mahathir should come and give evidence in court in the interest of justice.

"The judge has obviously accepted the version of the prime minister as the solemn truth and has not accepted the version of Anwar given in his affidavit, which in our view clearly showed that Dr Mahathir could have given relevant and material evidence," he told malaysiakini outside the courthouse this morning.

Meanwhile, the trial was adjourned to next Wednesday as the defence team said that Anwar needed time over the weekend to reconsider what had to be done from this point onwards.

Defence counsel Christopher Fernando told the judge that Anwar's immediate reaction as of now is to abandon the trial as he sees (now) that his chances of succeeding are next to zero.

Anwar is charged with forcing sex on his wife's former driver Azizan Abu Bakar with the aid of adopted brother Sukma Dermawan Sasmitaat Madja.

He is serving a six-year jail term for corruption and stands trial on a separate charge of sodomy and sexual misconduct. He has repeatedly denied all charges and says they were fabricated to end his political career.