Kuala Lumpur: The High Court here today ordered the Malaysian Bar to pay RM340,000 in damages to senior lawyer Tan Sri Muhammad Shafee Abdullah in his suit against the Bar and two others over his conduct as the deputy public prosecutor in a sodomy case. Judge Datuk Ahmad Shahrir Mohd Salleh made the ruling after the Federal Court, in 2021, held that the Malaysian Bar had acted unlawfully by allowing and publishing a motion condemning Muhammad Shafee before referring the matter to the Disciplinary Board.
According to BERNAMA News Agency, the court assessed the damages recoverable by the plaintiff as RM200,000 for reputational loss and injury of feelings, RM100,000 for loss of professional opportunities, RM20,000 for mental stress and health-related consequences, and RM20,000 in aggravated damages. This total sum of RM340,000 was deemed fair, reasonable, and proportionate compensation for the breach committed. Ahmad Shahrir noted that no costs were ordered as the issue was considered one of public interest.
In March 2015, Muhammad Shafee, as the plaintiff, sued the Bar, former Attorney-General Tan Sri Tommy Thomas, and former Court of Appeal Judge Tan Sri VC George. Both Thomas and George were practicing lawyers at the time. Muhammad Shafee claimed that Thomas had published and submitted a motion on February 28, 2015, for discussion by the Malaysian Bar annual general meeting on March 14 the same year, with the motion seconded by George.
On May 26, 2016, the High Court dismissed Muhammad Shafee’s suit, and he subsequently lost his appeal in the Court of Appeal on October 11, 2018, which led him to bring the matter to the Federal Court. On October 20, 2021, the Federal Court allowed Muhammad Shafee’s appeal, ruling that he was entitled to damages from the Bar and ordered the case to be returned to the High Court for the assessment of damages.
The Bar filed a review bid, but it was dismissed by the Federal Court on September 19, 2022. Following the proceeding, Muhammad Shafee expressed his intention to donate the awarded money to charity, either for children or lawyers who are ill and struggle with medical bills. ‘You must be surprised that there are lawyers who are unwell and cannot even afford to pay their hospital bills,’ he remarked.