THE Malaysian Bar Council’s illegal actions against senior lawyer Tan Sri Muhammad Shafee Abdullah did not, by themselves, prove malice, the Court of Appeal ruled today in cutting his damages award from RM340,000 to RM120,000.
A three-member bench led by Justice Datuk Dr Choo Kah Sing unanimously allowed the Malaysian Bar’s appeal in part and dismissed Shafee’s cross-appeal for higher damages and exemplary damages.
Justice Choo said any damages and the quantum claimed had to be established by facts rather than mere inference.
The court reduced the RM200,000 awarded by the High Court for reputational loss and injury to feelings to RM100,000, while maintaining RM20,000 in aggravated damages.
It set aside the RM100,000 awarded for loss of professional opportunities and RM20,000 for mental stress and health-related consequences.
The High Court had awarded Shafee RM340,000 in damages in April last year after the Federal Court ruled in 2021 that he was entitled to damages from the Malaysian Bar and remitted the case for assessment.
Shafee had sued the Malaysian Bar, former Attorney-General Tan Sri Tommy Thomas and former Court of Appeal judge Tan Sri VC George over a motion concerning his involvement in a roadshow related to a sodomy case in which he was the ad hoc prosecutor. - September 14, 2026
