Senior Sabah lawyer to sue Shafie for defamation

The lawyer, who is also a Sabah Umno leader, says Shafie’s private secretary published an article that could jeopardise his attempt to resume legal practice in Sabah.

KOTA KINABALU: A Sabah Umno leader from Semporna has filed a writ of summons for defamation against Parti Warisan Sabah president Shafie Apdal and an individual believed to be Shafie’s private secretary and assistant, Ismaily Bongsu.

Mohd Ainal Fattah, who is Sabah Umno Zone 6 secretary, brought the suit against Ismaily as the first defendant and Shafie as the second defendant over Ismaily’s article titled “Ainal Fattah Baik Diam” (Ainal Fattah had better shut up), which was published and posted on WhatsApp on Jan 4.

In the article, Ainal was accused of being a bankrupt and engulfed in financial problems. It also claimed that despite being a senior lawyer, he was unable to practise law in the High Court of Sabah and Sarawak at Kota Kinabalu.

Ainal’s counsel Marcel Jude Joseph, who filed the writ yesterday, said his client felt the article also implied that he was not fit to be a leader in Umno or Barisan Nasional (BN), and had deceived the Umno leadership regarding his professional status.

“The article has seriously injured Ainal’s credit and reputation, particularly because he actually intended to recommence his legal practice and set up a new legal firm known as Ainal, Nurul Rafeeqa and Marcel Advocates.

“But due to the slanderous posting by Ismaily and Shafie, the agreement between Ainal and the two other advocates is now in jeopardy of being terminated,” he said.

Ainal was the legal advisor of the Sabah Forestry Department between 1983 and 1985 before going back to private practice. He was later appointed as public relations secretary in the finance ministry.

Upon joining Umno, he ceased practice due to his political commitments.

He was appointed Belimbang Darat Umno chief before becoming a member of the Umno divisional committee in Semporna prior to his current political post.

Ainal had wanted to reenter legal practice and is in the process of applying for a practising certificate and membership to the Sabah Law Society.

“In other words, Ainal is still on the Roll of Advocates and is qualified to return and resume the practice of law in Sabah, subject to the relevant applications being approved.

“There is no impediment to stop him from applying and resuming legal practice because he is not and has never been a bankrupt person as alleged by the article,” said Marcel.

Marcel said Ainal was suing Ismaily and Shafie for damages for libel, and for inducing breach of contract. He is also seeking an injunction to restrain both Ismaily and Shafie or anybody related to them from publishing similar defamatory words against him.

The case has been fixed for hearing on Feb 8. -FMT