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.
“Upon careful consideration of the totality of the circumstances and the respective submissions of the parties, this court assesses the damages recoverable by the plaintiff comprising of 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.
“The total global sum of RM340,000 represents fair, reasonable, and proportionate compensation for the breach committed,” Ahmad Shahrir said, adding that he did not order costs as the issue was 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, where both Thomas and George were practicing lawyers at that time, as defendants.
Muhammad Shafee claimed that Thomas had published and submitted a motion on Feb 28, 2015, for discussion by the Malaysian Bar annual general meeting (AGM) on March 14 the same year and the motion was seconded by George.
On May 26, 2016, the High Court dismissed Muhammad Shafee’s suit, and he also lost his appeal in the Court of Appeal on Oct 11, 2018, prompting him to bring the matter to the Federal Court.
On Oct 20, 2021, the Federal Court allowed Muhammad Shafee’s appeal and held that he was entitled to get damages from the Bar and ordered the case to be reverted to the High Court for assessment of damages.
The Bar filed a review bid, but it was dismissed by the Federal Court on Sept 19, 2022.
When met after the proceeding, Muhammad Shafee said he would donate the money to charity, either for children or ill lawyers who struggle with their medical bills.
“You must be surprised that there are lawyers who are unwell and cannot even afford to pay their hospital bills,” he said.
