The Bermuda Bar Association is split over the handling of high-profile cases involving its members, a report leaked to The Royal Gazette has revealed.

And -- according to a report circulated to Association members -- the lawyers' body will keep a close eye on Magistrate Edward King, who landed in hot water after calling Crown Counsel Larry Mussenden a "coward''.

The report said the Association and Chief Justice Austin Ward had their hands tied as only the Governor could discipline Magistrates.

But it added: "Since His Excellency was kept abreast of everything that transpired in this matter, it was decided that the Bar Council would keep a close watch on Mr. King's behaviour in the execution of his duties but would do nothing more at this moment.'' It was also recorded that Mr. Mussenden had said he was "reluctant'' to appear before Mr. King again.

According to the minutes of the last semi-annual general meeting in October, some lawyers felt the Association did not stand up for all its members in the same way.

Lawyer Marc Telemaque contrasted the support given to Mr. Mussenden with that given to ex-Solicitor General Saul Froomkin after Premier Jennifer Smith broke with convention and attempted to block his appointment as Honorary Canadian Consul.

Mr. Froomkin, who was singled out partly because he had represented the United Bermuda Party in high-profile cases, was supported in a letter to The Royal Gazette by Association vice-president Ian Kawaley, who said lawyers should be free to act for whoever they wished without repercussions.

Mr. Telemaque also mentioned the Rodney Smith affair, where a top-level probe carried out by a QC from England found Mr. Smith's prosecution on a minor assault charge was not carried out "in the customary way''.

The probe held up the announcement of the new Director of Public Prosecutions, a post eventually given to former Crown Counsel Khamisi Tokunbo, for around nine months while the case was investigated.

The probe was ordered after a Magistrate said somebody had tried to "interfere with the process''.

Bermuda Bar split over high-profile cases John Roberts QC found that contact took place between the Attorney General's Chambers and Mr. Smith which left officers open to suspicion.

But he found no proof of manipulation for political reasons or to give Mr.

Smith an advantage.

The report on the King/Mussenden affair was issued to Bar Association members earlier this month after a court row between Mr. King and Mr. Mussenden blew up last October.

Mr. Mussenden went to Hamilton Police Station, accompanied by a Police officer, after a verbal punch-up with Mr. King in court.

Mr. King later denied ordering the lawyer to be taken to the station in handcuffs, but admitted calling him a coward.

Mr. Mussenden is understood to be considering suing the Magistrate for wrongful arrest as a result of the incident.

The report to the 300-strong Association confirmed reports in The Royal Gazette and said: "The Chief Justice found that, although Mr. King's reaction was less than acceptable in the sense that he called Mr. Mussenden a coward, Mr. Mussenden had contributed to the flare-up by his own actions which might have been considered as challenging the particular Magistrate's authority in his own court.'' The report added: "The Chief Justice informed us that he had spoken to Mr.

King about the complaints, had brought home to him the strength of feeling against him by some attorneys and that he had been counselled.''