Shafee loses appeal in his defamation suit against Bar

The Court of Appeal today dismissed the appeal by senior lawyer Muhammad Shafee Abdullah on the defamation suits he filed against the Malaysian Bar, Attorney-General Tommy Thomas and former Court of Appeal judge VC George.

Chief Judge of Sabah and Sarawak David Wong Dak Wah ruled Shafee's appeal to be untenable. Justice Wong was previously a Court of Appeal judge.

"We find there is no merit in the appeal and we dismiss the appeal," said Justice Wong, who sat together with Court of Appeal judges Justice Umi Kalthum Abdul Majid and Justice Ahmadi Asnawi.

The bench in dismissing the suit found there was no error in the High Court judgment in evaluating the case, and found merit in the defence of justification filed by Thomas and George.

Shafee on May 26, 2016, failed in his defamation suit against Tommy, George and the Malaysian Bar after the court found it was improper for him to discuss 'in camera' evidence at a forum.

In dismissing Shafee's defamation suit, the High Court judge in Kuala Lumpur, Justice Hanipah Farikullah, ruled that the court has accepted the defence of justification, qualified privilege and fair comment.

Justice Wong in today's decision said the bench observed that Shafee attended and took part in a political event in Kelana Jaya in 2015, where he said he wanted to defend the Federal Court judgment on allegations of a conspiracy against PKR de facto leader Anwar Ibrahim following Anwar's statement from the dock.

"There is no need for Shafee to defend on an alleged conspiracy as the judgment stands in itself," he said.

The court further criticised Shafee's attendance in the political event as he should not be a part of an agenda of a political party.

During the Kelana Jaya talk, Shafee also disclosed to the participants about testimonies that  were done in camera and not in open court.

'Shafee's conduct improper'

"He had attended the event to tarnish Anwar's reputation, when he was only an ad hoc deputy public prosecutor," Justice Wong said, indicating the conduct was improper as Shafee was condemning an accused who was not there to defend himself.

On the in camera evidence (on Sodomy II) being revealed to the public in the talk, Justice Wong said although the matter was discussed in the Court of Appeal and Federal Court, there was no application, formal or otherwise, to set aside the in camera evidence as evidence (that could be publicly revealed).

"This in camera evidence should not be in public domain," the judge said, adding the evidence cannot be described outside the court.

"It would be horrendous for Shafee, or any other prosecutor, if in future this in camera evidence is brought to the public (when there is no application). That cannot be the law as this would set a precedent," he warned.

Shafee filed the suit and an injunction in 2015, after Tommy Thomas (photo, who was then a lawyer) filed a motion with the Malaysian Bar annual general meeting (AGM) that was supported by the former judge VC George.

However, Shafee has obtained an injunction against the tabling of the motion to the Bar AGM.

The injunction against the tabling of the motion was appealed by Thomas, George and the Bar.

Following today's decision, Ambiga Sreenevasan for Thomas, Porres Royan for George and Lambert Rasaretnam for the Bar withdrew the appeal on the injunction.

On this, Justice Wong ruled that the appeal is withdrawn and made no order as to costs.

Shafee said he will appeal this Court of Appeal decision as he finds the ruling to be erroneous.

"How can someone table a motion to take disciplinary action on an individual through an AGM?" he asked.

"I will be seeking a seven-member Federal Court bench."

-Mkini