Lawyers move to discuss Shafee’s conduct after Anwar’s sodomy trial

Tan Sri Muhammad Shafee Abdullah arriving at the Federal Court in Putrajaya before the verdict was read on opposition leader Datuk Seri Anwar Ibrahim's sodomy appeal, on February 10. His actions in the days after the conviction will now come under scrutiny by the Malaysian Bar at its annual general meeting on March 14. – The Malaysian Insider pic, March 2, 2015.Two senior members of the Malaysian Bar have urged the Bar Council to take action against lawyer Tan Sri Muhammad Shafee Abdullah for his conduct after the sodomy conviction of Datuk Seri Anwar Ibrahim.

Lawyer Tommy Thomas and retired Court of Appeal judge Tan Sr V.C. George said that from the time the Federal Court convicted Anwar on February 10, Shafee, has behaved in a repugnant and obnoxious manner which has brought the legal profession into disrepute.

In a motion submitted to the Bar Council ahead of its annual general meeting (AGM) on March 14, the two senior lawyers also urged the incoming council for the 2015-2016 term to lodge a report against Shafee with the Disciplinary Board.

They also said that steps must be taken to further prevent Shafee from bringing the legal profession into disrepute.

This motion will be debated at the AGM and if approved, the incoming council must act on it.

Shafee, who was appointed by Attorney-General Tan Sri Abdul Gani Patail to prosecute the Sodomy II appeal before the Federal Court, was accused of wilfully, and with impunity:

• holding press conferences condemning Anwar who cannot 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 that were relied upon them 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 no stranger to action by the Bar Council as previously, he was found guilty for misconduct and fined RM5,000 for advertising himself. His appeal to the High Court was rejected and is now pending in the Court of Appeal.

He had also come under fire from Universiti Malaya's law professor Gurdial Singh Nijhar, who felt the senior lawyer may have committed contempt for revealing intimate details of the in-camera evidence at the first roadshow in Petaling Jaya, Selangor where Umno Youth chief Khairy Jamaluddin Abu Bakar, who is also Youth and Sports Minister, was present.

Shafee then held another talk at Anwar's parliamentary constituency of Permatang Pauh, where the media was prevented from covering the function.

The two senior lawyers said such extreme and outrageous conduct, unprecedented in the annals of common law, cannot be allowed to continue and must receive strong condemnation from his peers.

They also noted thay that former Attorney-General Tun Abu Talib Othman was also quoted as saying that Shafee was advertising and promoting himself in the media, and urged Gani to revoke his appointment.

Shafee was also alleged to have violated the Legal Profession (Publicity) Rules 2001, Rule 5(1)(a)(ii), which prohibits lawyers from publicising themselves or their practice in any manner, "that may reasonably be regarded as being...  in bad taste... sensational, intrusive, offensive or in any other way belittling the dignity of the legal profession".

They also noted that while Shafee is supported by forces of the state, he is not above the law.

- TMI