The High Court in Kuala Lumpur will decide tomorrow whether PKR de facto leader Anwar Ibrahim can be quizzed on his previous convictions in reducing the assessment of damages in his suit against the Umno-owned daily Utusan Malaysia .

Justice Hue Siew Kheng fixed the date after hearing submissions from counsel Firoz Hussein Ahmad Jamaluddin for Utusan and N Surendran for Anwar on the matter today.

Firoz submitted that previous convictions can be raised for the assessment of damages to show bad character of the claimant.

"This has been provided for in the UK‎ and we should be allowed to question him," he said.

Firoz added the court should take into consideration that evidence of a previous conviction is part of the argument to affect the general reputation of a person and can be used in assessment of damages.

He added this has been accepted in Commonwealth and there are cases here where it was accepted.

Anwar, 68, won his suit against Utusan Malaysia and its chief editor Abdul Aziz Ishak, following daily's publication citing the former opposition leader's interview with the BBC two years' ago, that he allegedly supported lesbians, gay, transexual and bisexuals. However it was decided this was not a true representation of the BBC interview.

The judgment was delivered by Justice VT Singham two years' ago, who ordered the damages to be assessed later. This was done by Justice Hue.

Surendran ( photo ) said there is one decision by the High Court and two by Court of Appeal's to support the argument that previous convictions cannot be raised in assessing damages, adding that this was not provided for in Malaysia under Section 55 of the Evidence Act.

Hence, Surendran, who is assisted by Latheefa Koya and Shahid Adli Kamaruddin, said the question on previous conviction should be withdrawn.

The matter came about yesterday when Firoz asked Anwar where was he now. But before the opposition leader could reply, Surendran had objected to the question.