Court of Appeal slashes Malaysian Bar’s damages to Shafee to RM120,000
7 hours ago
V Anbalagan
The bench says while there were illegalities in the Bar's actions, this does not automatically mean they were carried out in bad faith
The Court of Appeal dismissed Shafee Abdullah’s cross-appeal seeking to increase the RM340,000 in damages awarded by the High Court last year.
PUTRAJAYA: The Court of Appeal has partially allowed the Malaysian Bar’s appeal, reducing the damages awarded to lawyer Shafee Abdullah to RM120,000 for the professional body’s breach of its statutory duties towards him.
A three-member bench chaired by Justice Choo Kah Sing also dismissed Shafee’s cross-appeal seeking to increase the RM340,000 damages awarded by the High Court last year following an assessment of the compensation payable to him.
Justices Evrol Mariette Peters and Meor Hashimi Abdul Hamid were also on the panel, which unanimously delivered its ruling.
Choo, who delivered the broad grounds of judgment, said the damages and quantum sought must be proven by facts, not mere inference.
The panel also noted that while there were illegalities in the Bar’s actions, this did not automatically mean they were carried out in bad faith.
The bench reduced the RM200,000 awarded by the High Court for loss of reputation and injury to feelings to RM100,000.
It also set aside the RM100,000 awarded for loss of professional opportunities and RM20,000 for mental stress and health-related consequences.
However, the panel maintained the RM20,000 in aggravated damages awarded by the High Court.
Choo also ordered the Bar and Shafee to bear their own costs.
The case arose from a February 2015 roadshow where Shafee spoke about the Federal Court’s judgment in Anwar Ibrahim’s Sodomy II case, which saw the PKR president convicted and sentenced to five years in prison.
Anwar subsequently received a full royal pardon on grounds that his conviction amounted to a travesty of justice.
Shortly after the roadshow, lawyers Tommy Thomas and VC George tabled a motion for debate at the Bar’s annual general meeting (AGM).
They claimed Shafee had violated a rule prohibiting lawyers from seeking publicity for themselves and called on the Bar to condemn his conduct “in the strongest terms”. They also called for the Bar Council to refer the matter to the Advocates and Solicitors’ Disciplinary Board.
Shafee’s suit was initially dismissed by the High Court in 2016, a decision upheld by the Court of Appeal in 2018.
However, a three-member Federal Court bench chaired by then Justice Abdul Rahman Sebli allowed Shafee’s appeal in 2021 and ordered the High Court to assess the damages.
The apex court ruled that Thomas and George were wrong to raise Shafee’s conduct at the AGM, holding that the Bar had no authority to discuss the conduct of individual lawyers there as such matters fall within the purview of the disciplinary board.
Thomas later served as attorney-general from June 2018 to February 2020, while George retired after serving as a High Court and Court of Appeal judge between 1981 and 1995.
Neither was held personally liable to Shafee.
A three-member bench chaired by Justice Choo Kah Sing also dismissed Shafee’s cross-appeal seeking to increase the RM340,000 damages awarded by the High Court last year following an assessment of the compensation payable to him.
Justices Evrol Mariette Peters and Meor Hashimi Abdul Hamid were also on the panel, which unanimously delivered its ruling.
Choo, who delivered the broad grounds of judgment, said the damages and quantum sought must be proven by facts, not mere inference.
The panel also noted that while there were illegalities in the Bar’s actions, this did not automatically mean they were carried out in bad faith.
The bench reduced the RM200,000 awarded by the High Court for loss of reputation and injury to feelings to RM100,000.
It also set aside the RM100,000 awarded for loss of professional opportunities and RM20,000 for mental stress and health-related consequences.
However, the panel maintained the RM20,000 in aggravated damages awarded by the High Court.
Choo also ordered the Bar and Shafee to bear their own costs.
The case arose from a February 2015 roadshow where Shafee spoke about the Federal Court’s judgment in Anwar Ibrahim’s Sodomy II case, which saw the PKR president convicted and sentenced to five years in prison.
Anwar subsequently received a full royal pardon on grounds that his conviction amounted to a travesty of justice.
Shortly after the roadshow, lawyers Tommy Thomas and VC George tabled a motion for debate at the Bar’s annual general meeting (AGM).
They claimed Shafee had violated a rule prohibiting lawyers from seeking publicity for themselves and called on the Bar to condemn his conduct “in the strongest terms”. They also called for the Bar Council to refer the matter to the Advocates and Solicitors’ Disciplinary Board.
Shafee’s suit was initially dismissed by the High Court in 2016, a decision upheld by the Court of Appeal in 2018.
However, a three-member Federal Court bench chaired by then Justice Abdul Rahman Sebli allowed Shafee’s appeal in 2021 and ordered the High Court to assess the damages.
The apex court ruled that Thomas and George were wrong to raise Shafee’s conduct at the AGM, holding that the Bar had no authority to discuss the conduct of individual lawyers there as such matters fall within the purview of the disciplinary board.
Thomas later served as attorney-general from June 2018 to February 2020, while George retired after serving as a High Court and Court of Appeal judge between 1981 and 1995.
Neither was held personally liable to Shafee.
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