Following an emergency meeting late yesterday, the Kuala Lumpur Bar Committee is demanding that Malaysian Bar president Mah Weng Kwai resign for making statements contradicting an earlier stand by the Bar Council on ex-deputy premier Anwar Ibrahim's recent appeal.
KL Bar chairperson Ragunath Kesavan, in a letter to the 5,500 members in the city, said the committee was "shocked and appalled" by Mah's statement following the three-member Federal Court's unanimous dismissal of the appeal against Anwar's conviction and six-year sentencing for corrupt practices on July 10.
In expressing the dissatisfaction of the eight-member committee, Ragunath said members of the Bar Council should be "responsible and accountable" to the Malaysian Bar and "should not at any time issue views or statements publicly contrary to the Bar's position".
"This statement by Mah (photo) is contrary to the clear and consistent stand taken in 1999 by the Bar Council after the High Court had delivered its decision.
"If views expressed and position held publicly is inconsistent with that of the Bar Council or the Malaysian Bar, that office-bearer should not embarrass the Bar Council and the Malaysian Bar by continuing to hold office," he said in the letter issued to members late last night.
Contacted today on the matter, Ragunath said the letter was to notify members and clarify the stand of the committee in view of recent developments.
"The committee felt strongly that the issue needs to be clarified. So, we decided to explain the situation to our members, most of whom are outraged over the statement."
Under severe fire
Mah, who is serving his second-term as Bar president, came under severe fire for his response to malaysiakini the same evening of the Federal Court's decision, when he had expressed confidence that the court "would have set aside Anwar's conviction if it had found any improprieties in the proceedings of the lower courts".
He believed that Anwar's trial had gone through the "due process of law" and that the Federal Court's decision should be respected by all. As for those who disagreed with the decision, he suggested that they use the ballot box to show their discontent.
The Council's earlier stand was recorded in a statement dated April 17, 1999, issued by then chairperson R R Chelvarajah, stating its dissatisfaction over the "unusual manner in which the trial itself was conducted".
Mah was then the vice-chairperson.
The statement had cited the refusal of bail, the expunging of sworn evidence, the threatening and citing of defence lawyers for contempt, including sentencing one to three months' jail, as among the procedural irregularities at the trial stage.
Unwarranted and misplaced
Mah's comments evoked criticism from DAP chief Lim Kit Siang and Parti Rakyat Malaysia vice-president and lawyer R Sivarasa who described it as "shameful". Anwar's lawyer, Sankara Nair, also took Mah to task saying that the comments were "unwarranted and misplaced".
In the letter, the KL Bar Committee also reiterated its full support and endorsed the 1999 statement, as well as the statement which was issued on July 16, almost a week after Mah's response.
The second statement, more for damage control, was issued after a heated meeting on July 13 where the 36-member Council insisted on re-emphasising the earlier stand.
In the statement, the Council said though it accepts that Anwar's trial has gone through the necessary legal steps, there were still several irregularities in the trial that did not justify the dismissal of Anwar's appeal.
The Council also noted that it found several aspects of the sentence imposed on Anwar to be highly unusual and regretted that the Federal Court had not seen it fit to set them straight.
The Malaysian Bar currently has more than 10,000 members.
However, Mah could not be reached for comment.
