Malaysian Bar files to quash ruling that it breached statutory duty

 

The Malaysian Bar seeks to overturn a Federal Court ruling that it committed a breach of statutory duty in relation to lawyer Muhammad Shafee Abdullah’s suit.

Through a review application filed in December last year, the Bar is seeking to set aside the apex court’s decision on Oct 20 last year.

On that date, the Federal Court allowed Shafee’s appeal in his lawsuit over the Bar’s motion to discuss his conduct as deputy public prosecutor (DPP) in opposition leader Anwar Ibrahim’s 2015 Sodomy II verdict.

The apex court then had ruled that the Bar breached its statutory duty under the Legal Profession Act 1976.

Following the Oct 20 ruling, the suit has since gone down back to the Kuala Lumpur High Court, where it is pending assessment of damages.

A report by Free Malaysia Today quoted Sarah Abishegam, a lawyer for Shafee (above), who confirmed to the online news portal that the Bar filed the review application in December last year.

“Another case management will be held next week to fix a hearing date,” FMT quoted Sarah, who appeared for Shafee in an earlier case management of the Bar’s review bid before the Federal Court two days ago.

According to the online cause list, the Bar’s review application listed Shafee, former attorney-general Tommy Thomas, and former Court of Appeal judge VC George, as the three respondents in the matter.

FMT reported that the Bar is relying on Rule 137 of the Federal Court Rules to overturn the verdict and have the matter be reheard.

The Bar seeks for the apex court to utilise its inherent power to review its previous decision in order to prevent an alleged injustice or abuse of process.

On May 26, 2016, the High Court dismissed Shafee’s defamation suit against the Bar, Thomas, and George. Later on Oct 11, 2018, the Court of Appeal rejected Shafee's appeal against the High Court decision.

Shafee then filed an application for leave to appeal to the Federal Court.

The apex court allowed him to proceed with the appeal only on the question of whether the Bar has committed a breach of its statutory duty, rather than the issue of defamation.

Then the Federal Court delivered the verdict in favour of Shafee on Oct 20, last year.

Shafee initially filed the suit in March 2015, alleging that on Feb 28, 2015, Thomas had published and submitted a motion for discussion by the annual general meeting (AGM) of the Malaysian Bar on March 14, 2015. The motion was seconded by George.

The motion pertained to Shafee’s conduct as the DPP in Anwar's sodomy appeal in the Federal Court, alleging that Shafee had violated the legal profession's rules which prohibited lawyers from publicising themselves.

The motion also claimed that Shafee participated in nationwide roadshows to insult a convicted prisoner and for bringing attention to his role in Anwar's conviction.

On Feb 10, 2015, the Federal Court affirmed Anwar’s conviction of sodomising his former aide Mohd Saiful Bukhari Azlan and sentenced him to five years in jail. Anwar, however, was given a full pardon by the king on May 16, 2018. - Mkini