The sodomy trial of jailed deputy prime minister Anwar Ibrahim which was granted a stay of proceeding last month, will resume tomorrow morning.

One of Anwar's lawyers Sankaran Nair told malaysiakini today that the defence was notified by fax at 10.15am this morning that the trial will resume at the High Court tomorrow.

The defence would, however, seek an adjournment when the trial starts tomorrow pending an appeal to the Federal Court as to whether Prime Minister Mahathir Mohamed should testify as a witness.

"We would apply for a stay of proceeding pending the Federal Court's decision," Sankaran confirmed.

Anwar today filed a notice of appeal to the Federal Court, the country's highest court, against the Court of Appeal's decision yesterday which dismissed his appeal against High Court judge Arifin Jaka's ruling that Mahathir need not testify in his sodomy trial.

Sankaran filed the notice of appeal at the Court of Appeal registry at 12.30pm this afternoon.

Judge Arifin, on April 22, decided to set aside the subpoena which was served on Mahathir to appear as witness last year.

He said that there was not "an iota of evidence" that Mahathir was involved in a conspiracy to topple Anwar. He subsequently allowed for a stay of proceeding pending the disposal of the appeal by the Court of Appeal.

The three-panel appellate court, presided by Lamin Mohd Yunus yesterday allowed the preliminary objections raised by the prosecution and ruled that the sodomy trial should continue.

Anwar is being charged for forcing sex on his wife's former driver Azizan Abu Bakar with the aid of adopted brother Sukma Dermawan Sasmitaat Madja. He faces imprisonment of up to 20 years or more if convicted.

Anwar, one-time heir apparent to the prime minister's post, is currently serving a six-year jail term on four counts of corruption relating to abuse of power while in office as deputy prime minister.

He also filed a petition of appeal to the Federal Court yesterday against the Court of Appeal's decision on April 29 to uphold his conviction and jail sentence imposed by High Court judge Augustine Paul on April 14 last year.

The 18-page petition, also filed by Sankaran at the Court of Appeal registry yesterday afternoon, contained 33 grounds of appeal.

Anwar claimed that the Court of Appeal had failed to appreciate that the amended charges completely changed the complexion of the case for the prosecution and enabled the prosecution to present a completely different case.

He also said that the appellate court had failed to consider that the judge (Paul) had admitted inadmissable hearsay evidence which had prejudiced him (Anwar) and occasioned a serious miscarriage of justice.

The judge had also erred in disallowing him to call material and vital witnesses to substantiate his defence of fabrication of evidence and of conspiracy to fabricate and concoct evidence, Anwar claimed.

Anwar added that the Court of Appeal failed to take into account material contradictions in the evidence of prosecution witnesses and misdirected itself in not drawing an adverse inference from the failure of the prosecution to call the Prime Minister, the Inspector General of Police, the Attorney-General and the director of the Criminal Investigation Department to give evidence for the prosecution.

He also said that the appellate court failed to exercise its discretion judicially by failing to consider that the sentences imposed on him were manifestly excessive and the offences found to have been committed by him were technical in nature.