PUTRAJAYA: The Malaysian Bar has filed a review application to set aside a Federal Court judgment over a breach of its statutory duty under the Legal Profession Act (LPA).
The judgment, delivered on Oct 21, 2021, also found senior lawyers Tommy Thomas and VC George liable for attempts to discuss Muhammad Shafee Abdullah’s conduct as deputy public prosecutor (DPP) in Anwar Ibrahim’s Sodomy II case at its annual general meeting in 2015.
Lawyer Sarah Abishegam, who appeared for Shafee at a case managment before a Federal Court deputy registrar two days ago, said the application was filed in December.
“Another case management will be held next week to fix a hearing date,” she told FMT.
The Bar is relying on Rule 137 of the Federal Court Rules to set aside the verdict and have the matter reheard.
It wants the court to use its inherent power to review a previous decision in order to prevent an injustice or an abuse of process.
Thomas, George and Shafee have been named as respondents.
Judge Abdul Rahman Sebli, who delivered the decision of a three-member bench, said only the Bar had to pay damages since it was a statutory body under the LPA.
Assessment of damages will be carried out by the High Court.
Thomas was the attorney-general from June 2018 to February 2020, while George was a High Court and Court of Appeal judge from 1981 to 1995.
Both submitted a resolution to discuss Shafee’s misconduct at the AGM and to ask the incoming committee to refer the matter to the Advocates and Solicitors Disciplinary Board.
Rahman, who sat with Rohana Yusuf and Vernon Ong, said the Bar had no authority to discuss the conduct of lawyers at an AGM as that matter came under the purview of the board.
He said Thomas and George, as senior lawyers, should know that any allegation of misconduct against another fellow counsel should be referred to the board.
He said the Bar breached the law when it publicised on its website the motion from the two lawyers.
He said Section 99 of the LPA was very clear that any complaints against a lawyer or pupil must first be referred to the board.
On May 26, 2016, the Kuala Lumpur High Court dismissed Shafee’s suit. The Court of Appeal upheld the decision.
Shafee claimed that on Feb 28, 2015, Thomas had published and submitted a motion for discussion at the AGM on March 14, 2015. The motion was seconded by George.
The motion related to Shafee’s conduct as DPP in Anwar’s sodomy appeal in the Federal Court, and claimed that he had violated the legal profession’s rules which prohibited lawyers from publicising themselves.
The motion also alleged Shafee had participated in nationwide roadshows with the purpose of insulting a convicted prisoner and to bring attention to his role in Anwar’s conviction. - FMT
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