Umno Youth chief Khairy Jamaluddin Abu Bakar today failed in his bid to refer to Anwar Ibrahim's previous convictions for abuse of power and Sodomy II as part of his defence in the former opposition leader's defamation suit.

Khairy's lawyer Muhammad Shafee Abdullah had applied to pose questions regarding court judgments on the two cases, along with Anwar's acquittal of Sodomy I charge by the Federal Court in 2004.

Justice Azizul Azmi Adnan said the court is bound by the Court of Appeal's ruling on Section 43 of the Evidence Act, which stipulates that criminal matters cannot be brought in a civil trial.

The judge said that it may seem a little strange to observers but the court is bound by it as it is to interpret the law, unless due change by the lawmakers are made.

Anwar's counsel Sivarasa Rasiah had objected to Shafee's questions, citing the previous rulings on Section 43, while Shafee cited the case of Anwar versus S Nallakaruppan where the latter was allowed to amend his defence to cite those cases.

The RM100 million defamation suit against Khairy followed the latter's "main belakang" remark in a political ceramah at Lembah Pantai.

Anwar argued that the phrase meant that he is a homosexual, had low morals, had the capability to do crime and vice.

Earlier, in replying to questions from Shafee, Anwar told the court he decided to file the suit after reading what was reported in Malaysiakini and after watching a video published by the news portal.

Shafee: Did you read in Malaysiakini first or watch the video?

Anwar: I read Malaysiakini first and then watched the video and made the decision (to sue).

Shafee: Datuk Seri did not file a suit against Malaysiakini in this matter?

Anwar: Yes.

Shafee: Did you send a letter of demand to Malaysiakini?

Anwar: No, as Malaysiakini gave an opportunity for me to explain. Malaysiakini gives an opportunity for someone to be criticised and carry an explanation which is not given by other local media.

Shafee: Did Malaysiakini give you the space?

Anwar: Yes, in a press conference where I said the statement is slander and Malaysiakini reported it.

Shafee: We tried to find this article (on the denial) but we cannot find it, can you show it to us?

Anwar: I do not remember. But my statement that I would take action was carried by Malaysiakini.

No conspiracy against Mahathir

In the afternoon session, during cross-examination by Shafee, Anwar continued to deny conspiring against former premier Dr Mahathir Mohamad in 1997 and 1998.

The PKR de-facto leader stressed that the allegations were made by his political enemies.

He said Mahathir may have heard it from some people who may not be alive today.

Anwar said although Mahathir had asserted in his book "Doctor in the House" that he believed his former deputy planned to topple him, he also admitted in the same book that he got the "information from others".

The former opposition leader was also asked about his failed promise to deliver a change of government on Sept 16, 2008.

Anwar said it was because the Parliament did not call for an emergency session at that time.

“I wrote to advise the then PM (Abdullah Ahmad Badawi) to call for a special session as we believed we had the numbers (of some BN federal lawmakers defecting). There are two ways of doing it, either from outside the Parliament or through it. I called for a special session but the letter was never answered.

“As a result, the BN MPs were taken to Taiwan for an agricultural trip,” he said.

Anwar then denied Shafee's assertion that he was a politician who could not be trusted as he failed to bring about the Sept 16 promise.

The hearing continues before Justice Azizul on Friday.