High Court dismisses suit by Muhammad Shafee Abdullah

KUALA LUMPUR: The High Court here has dismissed a suit filed by lawyer Tan Sri Dr Muhammad Shafee Abdullah against the Malaysian Bar over the Sodomy 2 case.

Justice Hanipah Farikullah dismissed the suit after she found that Muhammad Shafee failed to prove his claim against the defendants.

Justice Hanipah ruled that the first and second defendants - senior lawyer Tommy Thomas and  former Court of Appeal judge Tan Sri VC George - have succeeded in proving their defence on the balance of probabilities, fair comment and qualified privilege that there were no malice in the publication.

She made no order as to costs.

In his suit, Muhammad Shafee named Thomas, VC George, the Malaysian Bar and former Malaysian Bar president Christopher Leong Sau Foo as the defendants.

He has claimed that on Feb 28 Thomas had published and submitted a motion for discussion by the AGM on March 14 which was seconded by George.

The motion concerned Muhammad Shafee’s conduct as the Deputy Public Prosecutor in Anwar's sodomy appeal in the Federal Court.

The lawyer said the Bar Council and Leong on March 9 had published the motion on the website of the Malaysian Bar titled, 'Agenda and Motions for the 69th Annual General Meeting of the Malaysian Bar'.

Among other things, the motion concerned the behaviour of Muhammad Shafee as chief public prosecutor, mentioning that he staged roadshows relating to Anwar's sodomy case.

Muhammad Shafee claimed that the defendants maliciously defamed him to destroy his reputation and legal career following the release of the motion.

In his statement of claim, Muhammad Shafee, among other things sought a declaration that the motion was mala fide (in bad faith) because the purpose of the proposal was simply to embarrass him and that the AGM was not a proper forum to hear the motion.