Bar rues high cost awarded to Shafee by apex court

The Malaysian Bar is disappointed that the Federal Court has not only dismissed a disciplinary complaint against lawyer Muhammad Shafee Abdullah, but also ordered the Bar to pay "exorbitant costs" to Shafee.

Malaysian Bar president Steven Thiru said the Bar was discharging its statutory duties for public interest.

"There should not have been any order of costs," he said.

The Court of Appeal did not order costs against the Bar in recognition of its public interest role, he said in a statement.

He also denies all claims of selective prosecution against Shafee.

"The Bar upholds high ethical standards in the legal profession which are application to all members of the Bar without exception," he said.

The Federal Court yesterday upheld the Court of Appeal's decision to hold that Shafee did not violate the Legal Professions Act publicity rules.

This goes against the Advocates and Solicitors Board's decision to impose a RM5,000 fine on Shafee for violating publicity rules following the publication of two articles in The Star in 2009.

Court of Appeal president justice Md Raus Sharif said the bench unanimously agrees with the Court of Appeal's decision.

"In the context that (the articles) were made there were no violations of the publicity rules. The appeal (by the Bar Council) is dismissed," he said.

Shafee initially asked for costs of RM300,000 from the Bar as "the Bar has to be taught a lesson in light of selective prosecution" against him, citing two other cases that he is facing.

However, Raus only allowed costs of RM50,000.

The other judges are Federal Court judges justice Suriyadi Halim Omar, Hasan Lah, Azahar Mohamed and Court of Appeal judge Aziah Ali. -Mkini