THE Malaysian Bar was ordered to pay RM340,000 in damages to lawyer Tan Sri Muhammad Shafee Abdullah for breaching its statutory duty in relation to his conduct following the Sodomy 2 case.
Kuala Lumpur High Court 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 Shafee before referring the matter to the Disciplinary Board.
According to reports, the court awarded RM200,000 for reputational loss, RM100,000 for loss of professional opportunities, RM20,000 for mental stress and health-related consequences, and RM20,000 in aggravated damages.
Former Attorney-General Tan Sri Tommy Thomas who was a lawyer at the time made the motion, seconded by former Court of Appeal Judge Tan Sri VC George in Feb 2015.
Thomas filed the motion following Shafee's infamous roadshow to discuss Datuk Seri Anwar Ibrahim's sodomy II conviction.
The apex court said Thomas and George were wrong to discuss Shafee’s conduct at the AGM.
It said the Bar had no authority to discuss the conduct of individual lawyers at an AGM as such matters come under the purview of the disciplinary board.
The apex court also directed that assessment of damages be decided by the High Court.
The Bar subsequently filed an application to review the Federal Court's decision, but this was dismissed in September 2022.
Hearing for the assessment of damages took place in August 2023.
Shafee had initially asked for at least RM2 million in damages, given that a "grave wrongdoing was inflicted on him", resulting in "great mental, physical and financial distress" to him. - April 14, 2025
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