Malaysian court rejects Anwar's sacking case

KUALA LUMPUR, Apr 25 (Reuters) Malaysian opposition figure Anwar Ibrahim suffered a legal setback today in a battle to prove that his 1998 sacking as deputy prime minister was unconstitutional, but vowed to fight on undaunted.

Three appeals court judges unanimously held that Anwar's dismissal from his cabinet posts by then prime minister Mahathir Mohamad was lawful, since the latter had the power to appoint or dismiss ministers, state news agency Bernama reported. ''In short, no minister can remain as a member of the cabinet if the prime minister decided that he should be dismissed,'' the agency quoted the judges as saying in their ruling.

Anwar, 59, was sacked from Mahathir's government in 1998 after the two fell out, and went on to lead anti-government protests, but was jailed a year later on what he called trumped-up charges of corruption and sodomy.

Anwar, who is emerging from nearly a decade of political isolation -- including six years in prison -- said he would go to Malaysia's highest court to to prove his removal was unconstitutional.

''I'm not asking to be reinstated,'' he said. ''It's a matter of the integrity of the court system. It's a very clear case.

''I would have won the case if you go by the facts and the law,'' he added.'' Anwar, who is locked in a bitter campaign against the ruling coalition for a state assembly by-election on Saturday in the central state of Selangor, said the judgment was timed a few days ahead of the poll in a bid to tarnish his party's image.

Although he is not himself running in the poll, he has been campaigning almost continuously in the sleepy constituency of Ijok in a race pitting his Keadilan party against Prime Minister Abdullah Ahmad Badawi's ruling Barisan Nasional coalition.

Sankara Nair, Anwar's lawyer, said Anwar's case revolved on whether Mahathir should have secured the agreement of the Malaysian king before he dismissed his deputy.

''You've got to get that clear first, the assent of the king first, before you can actually put it in to effect,'' Nair said.

''You don't inform, you advise, and the king decides.'' Anwar would now ask Malaysia's highest court, the Federal Court, to let him appeal against the decision and seek damages for wrongful dismissal in terms of lost back wages and benefits, Nair added.

Anwar was acquitted of the sodomy charges and released from jail in September 2004. Abdullah, Mahathir's handpicked successor, had taken over as leader in late 2003.

But Anwar still has a criminal record for the corruption charges, for which he has served time in prison, and this prevents him from holding political office until April 2008.

Anwar is seen as potentially the most serious threat to Abdullah's ruling multi-racial coalition, particularly if he succeeds in unifying Malaysia's various fractious opposition parties, long divided by race and religion.

REUTERS ABM RK1510