High Court judge Arifin Jaka was wrong in setting aside the subpoena served on Prime Minister Mahathir Mohamed, jailed deputy prime minister Anwar Ibrahim said in a three-paged petition of appeal filed today against Arifin's ruling that Mahathir need not testify in the ongoing sodomy trial.

According to Anwar, it was for the premier himself to apply in the court to have the subpoena served on him set aside.

The petition, containing 10 grounds of appeal, was filed by one of Anwar's team of counsels, Sankaran Nair, at the Court of Appeal registry at 10.30am today. Also attached, was a certificate of urgency that the matter be heard as soon as possible in order not to further delay the halted trial.

Anwar also stated that the judge was wrong in stating that the prime minister's evidence was irrelevant to the trial. He added that any objection relating to the relevancy of evidence of a witness could only be invoked when he (the witness) was in the witness box in the course of evidence given.

According to Sankaran, the appeal hearing date is expected to be fixed soon. "Maybe even by the first week of next month," he said when contacted by malaysiakini.

Anwar is charged with forcing sex on his wife's former driver Azizan Abu Bakar with the aid of adopted brother Sukma Dermawan Sasmitaat Madja. The trial has been adjourned pending on Anwar's appeal.

The former deputy prime minister is currently serving a six-year jail term for corruption. He has repeatedly denied all charges and says they were fabricated to end his political career.