High Court judge Arifin Jaka decided this morning that the sex trial of jailed deputy prime minister Anwar Ibrahim will resume next Thursday despite having granted a stay of proceedings last Wednesday.

When the sitting started, Arifin told Anwar's lawyers to call on other witnesses to give evidence on alibi.

However, defence counsel Karpal Singh protested, reminding the judge that he had allowed a stay of proceedings two days ago.

While Arifin said he would not continue with witnesses today to testify on alibi, he set the hearing to resume next Thursday.

On Wednesday, Anwar filed an appeal against Arifin's ruling that Prime Minister Mahathir Mohamad need not appear as a witness in court.

"The court will hear the evidence of alibi by other defence witnesses. The witnesses, to my mind, are not relevant to whether Dr Mahathir is called or not," Arifin said.

Karpal told the court the appeal has been filed.

"This trial cannot proceed until the disposal of the appeal case. The position of calling other witnesses before the appeal is made will fly in the face of the order. Therefore, it would be wrong to proceed further with other witnesses," Karpal said.

Subsequently, Gobind Singh Deo, counsel for the second accused, Sukma Dermawan, told the judge that the court should stick to its decision of granting the stay.

Arifin argued with both Karpal and Gobind that he had only allowed the stay of proceedings for witnesses relevant to the prime minister's testimony.

He then turned to lead prosecutor Abdul Gani Patail and asked him whether he had any objections to the defence's arguments.

Gani said that he had no objections and the proceeding should only continue after the judgement of the appeal.

"Since he (Gani) doesn't object, who is the court to object?" Arifin said.

At this point, Anwar, dressed in a white long-sleeved shirt turned back from the dock and smiled at his wife, Wan Azizah Wan Ismail, and other family members who were seated at the public gallery.

Gani added that the prosecution will write to the Court of Appeal to find out if "the ruling in respect to calling Mahathir is appealable or not".

Karpal immediately objected by saying that the prosecution could only raise the matter at a preliminary hearing in the appeal court.

To which Arifin said, "The two of you sort the matter with the appeal court."

The judge then told the defence to call Penang Chief Minister Dr. Koh Tsu Koon (to give evidence pertaining to alibi on Anwar's trip to the island) when the court resumes next week.

The chief minister's lawyer, K. K. Wong, told the court that he was still liaising with the defence counsel to decide whether Koh or his secretary should testify in court.

"This is because the relevant documents related to Datuk Seri's (Anwar's) visit are with the secretary," Wong said.

Anwar and his adopted brother Sukma are charged with sodomising his wife's former driver Azizan Abu Bakar at Sukma's apartment in Tivolli Villas, Bangsar on "one night at 7.45pm, between January and March, 1993".

Meanwhile, the appeal court will tomorrow deliver its verdict on whether to overrule Anwar's April 1999 conviction on four counts of corruption.

Anwar had earlier this year, filed his appeal to the three-member panel led by Court of Appeal president Lamin Yunos, to overturn his six-year jail term for corruption.

He was found guilty of abuse of power in asking the police to get a retraction from two individuals, Azizan and Ummi Hafilda Ali, who had accused him of sexual misconduct.

The one-time heir apparent to the prime minister post has repeatedly denied all charges and said they were fabricated by political rivals to end his political career.

Malaysiakini will be carrying "live" reports on Saturday's proceedings and events unfolding outside the courthouse as reformasi supporters are expected to gather to await the outcome of Anwar's appeal.