Lawsuit Shafee Seeks Rm2m Damages From Malaysian Bar

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Muhammad Shafee Abdullah is seeking RM2 million in damages from the Malaysian Bar in relation to its 2015 annual general meeting (AGM) that saw an attempt to table a motion to discuss his conduct, following Anwar Ibrahim’s Sodomy 2 case.
This is the compensation amount stated in the veteran lawyer’s witness statement in the Kuala Lumpur High Court for this week's hearing of the assessment of damages the bar has to pay to him over the civil action.
In March 2015, shortly after the AGM that in the end decided not to table the motion due to a restraining order obtained by him, Shafee then filed a civil action against the Bar.
The motion pertained to Shafee’s conduct as the ad hoc deputy public prosecutor in Anwar’s sodomy appeal in the Federal Court, which alleged that Shafee violated the legal profession’s rules which prohibited lawyers from publicising themselves.
The motion also claimed Shafee (above) attended nationwide roadshows to insult a convicted prisoner and for bringing attention to his role in Anwar’s conviction.
Full pardon
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 Yang di-Pertuan Agong on May 16, 2018, and the PKR president is now prime minister.
Initially, Shafee's suit failed at the High Court and Court of Appeal stage. However, in October 2021, the Federal Court allowed Shafee’s appeal and held the Bar had breached its statutory duty by publishing the motion on its website in the run-up to the AGM in February 2015.
The assessment of damages is set for hearing before Kuala Lumpur High Court judge Ahmad Shahrir Mohd Salleh for three days from today to Wednesday this week.
The RM2 million damages sought is stated in the answer to question 28 of Shafees’ witness statement for the damage-assessment hearing.
“Hence, I most humbly pray that this honourable court award damages in the minimum global sum to me of RM2 million in the form of general damages, aggravated damages, punitive/exemplary damages, and damages arising from lost opportunity costs, and any other damages which would be appropriate as a grave wrongdoing has been inflicted on me by their vindictive, malicious act with a contumacious disregard for my rights and the provisions of the law.
“This has resulted in great mental, physical, and financial distress coupled with humiliation, injury to my pride and dignity,” Shafee contended in the 22-page witness statement filed on July 17, this year.
Detrimental effect
Meanwhile, according to the witness statement, Shafee claimed that he also seeks damages over ‘lost opportunity costs’ due to him allegedly missing out on being able to represent clients in other cases, due to him concentrating on the present legal action against the Bar.
The 71-year-old claimed that the AGM motion infringed the Legal Profession Act 1976 and thus infringed on his personal liberty as well as his liberty to practise law, which he alleged had a detrimental effect on his livelihood.
“The very fact of my ongoing litigation with the defendant (Bar) and having to defend myself have caused many inroads into my day-to-day workload and clients have taken notice of this through the press, online articles, word-of-mouth of the motion that was against me and which was slated to be tabled at the AGM, and it has affected my earnings.
“This also resulted in mental and financial distress and humiliation. My dignity also suffered as the allegation against me made me look like a ‘publicity-seeking lawyer’ and one who had no respect for the bench and legal procedures as a whole.
“Even until today, this damage has not been erased as not everybody is aware of the Federal Court's decision in my favour,” Shafee claimed.
However, when Shafee took the witness stand during the damage-assessment hearing today, the Bar’s counsel Andrew Chiew Ean Vooi cross-examined him over a series of high-profile court cases that Shafee acted in between 2015 and last year. Shafee conceded to this.
Among the high-profile court cases that Chiew listed was: the 2015 appeal of former Selangor menteri besar Khir Toyo over his 12-month jail sentence linked to the purchase of a bungalow and two plots of land; the corruption cases of former prime minister Najib Abdul Razak (between 2018 and today); and the criminal trial involving the murder of Cradle Fund CEO Nazrin Hassan, which lasted from 2019 to last year.
When Chiew asked whether it would be best for Shafee to produce in court the latter’s income tax returns to strengthen the argument over lost income from lost opportunity, the lawyer countered "not for this purpose, and there is good reason”, adding that it is not necessary for the present damage-assessment hearing.
Hearing before Ahmad Shahrir continues tomorrow.
The Advocate and Solicitors Disciplinary Board proceedings against Shafee over his conduct have been ongoing since 2015. - Mkini

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