updated version

The Kuala Lumpur High Court today ordered judge Augustine Paul to appear in court when the contempt proceeding filed against him is heard in January next year.

Justice Hashim Yusoff said the court will serve a notice on Paul to be present at the proceeding when it resumes on Jan 18.

"Otherwise, we will consider any application made against him. Since he was also not named as the respondent (in the notice of motion), he should be given an opportunity to defend himself," said Hashim before adjourning today's hearing.

Lawyer Christopher Fernando filed a contempt of court motion against Paul for uttering disparaging remarks directed at him during the corruption trial of jailed ex-deputy prime minister Anwar Ibrahim in April 1999.

In his affidavit, Fernando said Paul made the following remarks against him as counsel for Anwar in his absence: "If the way of speaking is like an animal, we can't tolerate it. We should shoot him. He has to change."

Fernando added that although Paul then qualified the remarks by saying he was not comparing him to an animal, "the qualification of the remarks did not remove the sting in the remarks".

Abuse of power

Paul failed to appear in court today although counsel for Fernando, Karpal Singh, said the High Court judge was served with a notice on Oct 12 informing him of today's proceeding.

Karpal then told the court that Paul should be issued with a warrant of arrest as his absence was unbecoming of a judge and disrespectful to the court, and the hearing should also not be further delayed.

"This notice of motion is of a very serious nature. There is no doubt in my mind Paul is aware of this morning's hearing of the motion.

"Judges must set the example. Under the circumstances, we apply for a warrant of arrest to be issued against Paul for his contempt of proceeding and for not attending despite having been served," Karpal said.

He added that the presence of two of Paul's staff members in the court was further proof that he knew of today's proceedings.

"I wonder why the interpreters are here. They should be working. He (Paul) is abusing his powers by sending them here to find out what is happening. He delayed the hearing deliberately," Karpal said as he turned to look at the interpreters sitting in the public gallery.

Karpal also told the court that Paul's remarks made against Fernando were "intolerable".

"He said to shoot him (Fernando). Paul is not a jail warden.

"Paul was also aware of his contemptuous act for he had said on April 14, 1999, 'If Christopher Fernando is upset, I tender my apology'. The apology was a qualified apology and not given in sincerity," said Karpal.

Far-reaching consequences

Karpal added that since Paul was in contempt of court, he no longer had the right to give judgment in Anwar's case.

"If Paul is found to be in contempt, it will have far-reaching consequences. He loses his right to deliver the judgment," said Karpal.

Later, senior federal counsel Aziz Abdul Rahim who was in the courtroom with two other representatives of the Attorney General's Chambers, applied for a postponement of the proceedings to allow them to study the facts of the case and intervene in the matter.

"We have been directed by the AG to hear the motion and intervene as this case is of public interest and importance.

"It is not so much to defend the contemptuous, but to defend the system of justice. Any attempt to cite a preceding judge of contempt is not done at one's whims and fancies," said Aziz.

He added that Paul was also not named as the respondent in the notice of motion and the court should issue him a notice instead of a warrant of arrest.

"Only the issue of Paul to be charged of contempt is stated. The court can use its discretion to issue a notice for him to be present in court," Aziz said.

Derogatory remarks

In reply, Karpal said Paul should get himself a counsel and the question of postponement did not arise.

"He was served with the notice. That alone is enough for a warrant of arrest. They (the police) should make sure of his attendance here," he said.

Karpal added that technically, the AG had no role to play in the proceeding.

"If the AG said it was for public interest, they should have prepared for the case earlier as they had more than a year to study for the case.

"Anyway, Paul is not here. It will still be a postponement," conceded Karpal.

Judge Hashim then fixed the hearing on Jan 18 and Feb 11 next year to allow the AG time to file papers to intervene and Paul to be present in court.

Unwarranted criticism

Fernando, who was the lead counsel for Anwar in the infamous corruption and sodomy trials, is also seeking for the court to expunge Paul's remarks from its record.

He said in his affidavit that Paul's remarks were extremely derogatory, unwarranted, offensive and baseless.

"I have never in my career at the Bar been subjected to such indignity, particularly so, when the remarks were widely reported in the local press the next day.

"To compound the position, I had no opportunity to defend myself in the face of such unwarranted and unjustified criticism as I was not in court when the remarks were made by the learned judge. I have been condemned unheard," he said.

Meanwhile, Keadilan vice president Azmin Ali told malaysiakini that he would lodge a police report against Paul for not turning up in court this morning.

"I am still drafting the details of the report with the lawyers. I hope to be able to lodge the report this evening or tomorrow," he said, when contacted.