Former deputy premier Anwar Ibrahim has once again failed to clear his name of a homosexual charge as his second legal challenge against his ex-boss Dr Mahathir Mohamad was quashed today.

The Kuala Lumpur High Court this morning allowed Mahathir's bid to strike out a RM100 million defamation suit filed by Anwar after Mahathir called him a 'sodomiser' during a human rights conference in 2005.

Judicial commissioner Tengku Maimun Tuan Mat said Anwar's suit was "obviously unsustainable" since a similar suit in 1999 involving the two parties had been dismissed.

The judge also argued there is "an un-reversed judicial finding" that Anwar was involved in homosexual acts.

"Although the conviction of (Anwar's adopted brother) Sukma (Darmawan Sasmitaat Madja) has since been set aside, there is in existence a judicial finding that the plaintiff had indeed taken part in homosexual acts," she said in her five-page judgment.

Suit 'unsustainable'

Tengku Maimun was referring to the High Court finding when Anwar was convicted of sodomising his driver, Azizan Abu Bakar. The conviction was upheld by the Court of Appeal but overturned by the Federal Court in 2004.

However, Tengku Maimum said: "Although (Anwar's) appeal was allowed by a majority of the Federal Court, there was a specific finding by the majority that '... we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime...'"

She was also of the view that the argument that Anwar's speech writer Dr Munawar A Anees's confession of having sexual relationships with the ex-deputy premier was made under coercion had been raised and dealt with in the 1999 defamation suit.

Another main ground cited in Tengku Maimun's decision was that there was a judicial decision in a similar suit filed by the same parties eight years ago.

In that suit, Anwar had failed in his attempt to cite Mahathir for defamation over a press conference called by the then premier - two days after Anwar's arrest - where he detailed Anwar's homosexual activities.

"Therefore it is my view that 'issue estoppel' would apply in the present case and the plaintiff's present action is clearly an abuse of the process of the court," said Tengku Maimun, adding that "the whole of" Anwar's case had been considered then.

She said it was also in her view that the defences of justification and qualified privileges made in the previous suit are similarly available to Mahathir in the current one.

With these grounds, the judge allowed Mahathir's application to strike out the suit with cost.

"Given the background facts of this case and judgments referred to above, it is apparent that the defences are bound to succeed. No purpose would have been served in insisting that the defences be proven at a full trial.

"I therefore conclude the plaintiff's action is obviously unsustainable," she said.

'Most unexpected'

Met outside court later, Anwar's lawyer Sankara Nair (right) said his client was "upset" with the decision and has instructed for an appeal to be filed.

"It is most unexpected for us since the circumstances are different this time around in the light of Anwar being acquitted (of the sodomy charge), Sukma's case had been dismissed while Munawar's appeal is still pending," he said.

He conceded that the court's decision today would frustrate Anwar's efforts to clear his name.

Prior to today's decision, Anwar was reportedly intending to file similar suits against Gerakan adviser Dr Lim Keng Yaik and MCA Youth secretary Dr Wee Ka Siong.

"It will hamper his attempts (to clear his name) for now but we hope there will be justice in the Court of Appeal and that the decision will be reversed. Anwar is entitled to a full trial at least," said Nair, who appeared together with Raja Aziz Addruse and Param Cumaraswamy.

Meanwhile, Mahathir's lawyer VK Lingam (left) said the decision was appropriate. He was assisted by V Sithambaram and R Thayalan.

Mahathir had applied in January this year to strike out the suit, in which the former premier accused Anwar of aspiring to become prime minister and using the suit to "rehabilitate himself for high office."

In the 48-page affidavit, Mahathir also maintained his claim that his ex-deputy was a homosexual, citing the convictions of Munawar and Sukma.

On the other hand, Anwar had said Mahathir's remark was a "scurrilous and utterly reckless accusation" against his character and called on the latter to have the "moral courage" to face him in court.

Anwar, was removed as deputy premier in 1998 and spent six years in jail for corruption and sodomy offences. The sodomy charges were overturned in 2004.

He has always maintained that the charges were trumped up in a political conspiracy to remove him.