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Tuesday, June 23, 2015

Shafee gets extended order to stop Bar discussion over his conduct

Tan Sri Muhammad Shafee Abdullah extends an injunction to prevent the Malaysian Bar from discussing his conduct following the Sodomy II case. – The Malaysian Insider filepic, June 23, 2015.Tan Sri Muhammad Shafee Abdullah extends an injunction to prevent the Malaysian Bar from discussing his conduct following the Sodomy II case. – The Malaysian Insider filepic, June 23, 2015.
The High Court today dismissed an application by the Malaysian Bar and two senior counsel to lift an injunction obtained by lawyer Tan Sri Muhammad Shafee Abdullah to stop discussion on his professional conduct.

Judge Datuk Asmabi Mohamad instead allowed Shafee's application to extend the injunction until the disposal of his defamation suit against the Bar, former Malaysian Bar chairman Christopher Leong, lawyers Tommy Thomas and Tan Sri V.C. George.
Thomas and George had urged the Malaysian Bar to act against Shafee over his conduct following Datuk Seri Anwar Ibrahim's sodomy conviction by the Federal Court in February.

"The balance of convenience must be given to Shafee and in any event should he lose the case, the defendants can be compensated," he said of the judge's reason for her ruling.
The judge made her ruling in chambers.
Rezua added that the judge felt that the injunction should be maintained to protect Shafee's reputation.
He said a case management would be held on July 20 to fix trial dates of the defamation suit.
Meanwhile, current Malaysian Bar chairman Steven Thiru, who was present during proceedings, said he was disappointed but would respect the decision.
"We have instructed out lawyers to file an appeal to the Court of Appeal.”
Shafee filed the defamation suit as well as the injunction to restrain the four from discussing his conduct at the Malaysian Bar annual general meeting (AGM) on March 14.
On March 31, Shafee obtained a second round of a fresh injunction to preserve his action against the four.
Thomas had filed the motion, which was seconded by George, for debate at the Malaysian Bar AGM.
They said from the time the Federal Court convicted Anwar on February 10, Shafee had behaved in a repugnant and obnoxious manner which brought the legal profession into disrepute.
Shafee had gone on a roadshow to discuss the finding of the Federal Court and was said to have revealed evidence given in camera.
In their motion submitted for the AGM, the two senior lawyers urged the council to lodge a report against Shafee with the Advocates and Solicitors Disciplinary Board.
They said steps had to be taken to further prevent Shafee from bringing the legal profession into disrepute.
Shafee, who was appointed by Attorney-General Tan Sri Abdul Gani Patail to lead the prosecution team in the Sodomy II appeal, was accused of wilfully and with impunity:
– holding press conferences condemning Anwar who could not respond as a convicted prisoner serving time;
– drawing attention to his prowess, allegedly as a top rate prosecutor;
– demeaning Anwar and his legal team, and the defence they had relied on in court proceedings;
– giving interviews with the traditional and online media on his performance as prosecutor; and,
– organising and participating in nationwide roadshows with a political party, with the purpose of insulting a convicted prisoner and for bringing attention to his role in the conviction.
Shafee is said to have violated the Legal Profession (Publicity) Rules 2001 which prohibits lawyers from publicising themselves or their practice in any manner. 

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