The Bar Council today clarified a remark by its chairman and reaffirmed its support for lawyer Christopher Fernando's current contempt proceeding against High Court judge S Augustine Paul.

When attending the proceeding on Jan 18, Council chairman Mah Weng Kwai had said he was neutral and he was merely holding a watching brief and he neither supported nor opposed Fernando's application.

Senior counsel and DAP deputy chairman Karpal Singh last month asked the Council to clarify whether it stood by its neutral stand as stated by Mah.

In todays statement, Bar council vice-chairman Roy Rajasingham reaffirmed the council's stand in support of Fernandos motion, saying that Mah's statement in court created an impression that there had been a change.

"The council wishes to make it clear that there has not been any such change and none was intended by the (Malaysian Bar) president (Mah).

"The Bar remains in support of the complaint and motion, based on the allegations known to it thus far and fully supports the president," read the statement prepared during a full council meeting this afternoon which stretched for six hours.

Visibly upset

Fernandos motion for contempt proceedings against Paul followed the latters alleged remarks directed at him (Fernando) in April 1999 which were: "If the way of speaking is like an animal, we can't tolerate it. We should shoot him. He has to change.

The council statement added that it was up to the court and the parties concerned to conduct their respective cases. "Of course, counsel holding a watching brief for the Bar will be happy to assist the court whenever his views are sought," it said.

When approached by malaysiakini immediately after the meeting, Mah, who was visibly upset, replied curtly that he had nothing further to comment and refused to take questions.

Asked whether the statement today was a face-saving measure, Rajasingham said it was wrong to assume so as the council had deliberated exhaustively and a conclusion was reached based on Mah's explanation.

He said Mah had explained that he had not differed from the councils stand which he had reiterated in an earlier statement when responding to Karpal's criticism.

Loose form

On whether council members were upset with Mah, he said: "Well, there was a heated but thorough debate over the issue but we have to accept his explanation so long as we don't deviate.

"The basic issue - our stand in support of Fernando's application - still remains the same.

Asked what Mah's explanation was for using the word neutral in court on Jan 18, Rajasingham said he had meant it in a loose form, meaning he had left it to the parties concerned to have the issues determined by the court.

Shortly after Fernando moved for contempt proceedings against Paul in 1999, the Bar Council, then under president RR Chelvarajah (Mah as vice-president), had said that it fully supported the motion.

Mahs Jan 18 remark had raised the question as to whether the Council had abandoned its stand on the matter and was no longer behind Fernando whose case will resume on March 11.

The council has 36 members, of which 30 attended today's meeting.