KUALA LUMPUR: The High Court has ordered the Malaysian Bar to pay RM340,000 in damages to lawyer Tan Sri Muhammad Shafee Abdullah for breaching its statutory duty.
Justice Datuk Ahmad Shahrir Mohd Salleh ruled that the Bar, as the defendant, acted unlawfully by allowing and publishing a motion condemning the lawyer before referring him to the Disciplinary Board 10 years ago, Sinar Harian reported.
The court awarded RM200,000 for reputational damage, RM100,000 for loss of professional opportunities, RM20,000 for mental distress and health issues, and RM20,000 in aggravated damages.
"After reviewing the full circumstances and arguments from both sides, this court assesses that the plaintiff is entitled to these damages.
"The total of RM340,000 is fair, reasonable and proportionate compensation for the breach committed," said Ahmad Shahrir, adding that no legal costs were ordered as the case was of public interest.
Following the ruling, Muhammad Shafee said he would donate the compensation to charity, either for children or underprivileged lawyers.
In March 2015, Shafee filed a suit against the Bar Council, former attorney general Tan Sri Tommy Thomas and former Court of Appeal judge Tan Sri VC George.
At the time, Thomas and George were in legal practice.
Muhammad Shafee claimed that Thomas authored and submitted a motion on Feb 28, 2015, for debate at the Bar's 69th annual general meeting on March 14, with the motion supported by George.
The motion concerns Shafee's conduct as Deputy Public Prosecutor in the second sodomy appeal case at the Federal Court, alleging him of violating legal professional rules by engaging in self-promotion.
It also claimed Muhammad Shafee went on a nationwide roadshow with the aim of discrediting a convicted individual.
On May 26, 2016, the High Court dismissed Shafee's claim.
The Court of Appeal upheld the decision on Oct 11, 2018 and Muhammad Shafee then brought the matter before the Federal Court.
On Oct 20, 2021, the Federal Court allowed his appeal, ruled that he was entitled to damages from the Bar Council and remitted the case to the High Court for assessment of compensation.
