Malaysian court throws out Anwar gay slur suit against Mahathir

Malaysian court throws out Anwar gay slur suit against Mahathir

Photo: AFP
KUALA LUMPUR (AFP) - A Malaysian judge on Wednesday threw out a lawsuit filed by former deputy prime minister Anwar Ibrahim after the country's retired leader Mahathir Mohamad called him gay.

Anwar lodged the defamation suit in January last year after Mahathir said he could not allow his former deputy to become prime minister because he was a homosexual.

Mahathir's lawyers in January applied to strike out the suit, filing a 48-page affidavit in which Mahathir accused Anwar of aspiring to become prime minister and using the suit to "rehabilitate himself for high office."

"The plaintiff's action is unsustainable based on background evidence... and the defendant's application (Mahathir) to strike out is therefore allowed with cost," said High Court judge Tengku Maimon Tuan Mat.

Neither Mahathir nor Anwar was present in court.

Anwar's lawyer said the former deputy prime minister would appeal.

"I have informed Anwar Ibrahim of the decision and he is indeed quite upset and he has instructed that we file an appeal as we are dissatisfied with the decision," lawyer Sankara Nair told reporters.

Anwar was heir apparent to Mahathir until his sacking in 1988 after sodomy and corruption charges that landed him in jail for six years. The sodomy conviction was later overturned but the corruption verdict stands, barring Anwar from standing for public office until April 2008.

"I cannot have a person who is like that in my cabinet who may succeed and become the prime minister. Imagine having a gay prime minister. Nobody would be safe," Mahathir told reporters in September 2005.

The lawsuit said Mahathir's "falsely and maliciously" made comments were widely reported by the media, causing "irreparable damage" to Anwar's reputation.

Sankara said the latest court decision made Anwar's attempt to clear his name difficult, but he was hoping for justice at the Court of Appeal.

"This is defamation and in defamation the only way to know the truth is through a trial," he said.

"I think Anwar is entitled to a full trial at least. And I think if it is dismissed thereafter there will be less disappointment."

Human rights groups have said allegations Anwar conducted a sexual relationship with his driver, then abused his power to conceal it, were trumped up to prevent him from challenging Mahathir, whose 22-year rule ended when he retired in October 2003.