The Kuala Lumpur High Court will deliver its decision tomorrow on the quantum of damages to be awarded to former deputy prime minister Anwar Ibrahim for the libellous allegations made by author Khalid Jafri in his book 50 dalil mengapa Anwar tak boleh jadi PM (50 reasons why Anwar can't be PM).

Justice Hishamuddin Mohd Yunus set the date at the end of lengthy submissions from Anwar's counsel Sulaiman Abdullah who told the court that a substantial sum was warranted because 'the book is full of lies'.

Khalid, whose full name is Khalid Jafri Bakar Shah, wrote the book which was published by his wife Rozihan Abdul Ghani.

Sulaiman told the court yesterday his client is seeking a total of RM6.5 million of damages for all eight libellous allegations, a political conspiracy and other aggravated and exemplary damages.

In his submissions today, the lawyer said that although there is no longer a trend for the Malaysian judiciary to award millions of ringgit in damages for libel, the current case is unique and different from past cases.

"Not one of (the past cases) bears any similarity with the present case in terms of the number of allegations, as well as the magnitude and pervasiveness with which the libel was published," he said.

'Grief, anxiety, pain'

He cited the decision on damages in libel cases brought by ex-health minister Chua Jui Ming who was awarded RM200,000, ex-deputy parliament speaker D P Vijandran (RM100,000), and former deputy premier Musa Hitam (RM100,000), adding that awards made were in relation to only a single libellous allegation.

"The present case is far, far more serious. Look at the galaxy of the allegations published in the book and the allegations are not one, two or three but various types."

He said the damages should commensurate the gravity of the allegations - which include homosexuality, adultery, corruption, being a traitor to Malaysia, an agent of the CIA, a puppet to the US - and the consequences of the libel.

"The plaintiff (Anwar) not only lost his positions, he also suffered financial loss, vox his monthly income of RM20,000 and pension of RM10,000 per month.

"Having regard to all the circumstances of this case, it is submitted that RM500,000 should be awarded for each libel to compensate for the injury to his reputation, both local and international, the damage to his political career and office and the grief, anxiety, pain and suffering he endured as a result of the libel."

At this juncture, Justice Hishamuddin pointed out that there is no legal precedent showing any court ordering a specific amount of award for each libel.

However Sulaiman replied: "Just because he lumps all the allegations in one book does not mean that he should be punished in toto . The court must consider the extent of damages of each and every libel in deciding the quantum."

Maximum damage aim

As to the demand for damages for political conspiracy, the lawyer stated there is evidence to show conspiracy by Khalid and Anwar's political enemies including rural and regional development minister Aziz Shamsuddin and Umno politician Rais Zainuddin.

"Also (it is a) fact that the second defendant's premises belongs to (former Malacca chief minister) Rahim Tamby Chik," he said.

He claimed that there was ample evidence to shown that conspiracy can be inferred especially considering that Khalid - then a bankrupt - could not have financed the publication of his book of which 15,000 copies were printed.

"In this case, the conspiracy involving politicians in high places and the publication of the book was timed to coincide with the 1998 Umno general assembly so as to cause maximum damage to the plaintiff."

Anwar was still deputy prime minister and finance minister when he filed the suit in 1998 against Khalid ( photo, left ) and Rozihan for libel. He later obtained an injunction barring anyone from distributing or selling the book, which then became the subject of police investigations against him.

Shortly after, then premier Dr Mahathir Mohamad sacked Anwar for alleged sexual misconduct. The latter maintained that the accusations were part of a political conspiracy against him.

Khalid's lawyer V Raja Singham attended the proceedings but was barred from participating because of failure to previously provide 'further and better particulars' in relation to the defence of 'justification and fair comment'.

Khalid is currently in hospital and is reported to be critically ill as a result of complications from chronic diabetes.