Tuesday, May 26, 2015

June 23 date for Shafee vs Bar Council AGM case

6:23PM May 25, 2015
By Hafiz Yatim
The High Court in Kuala Lumpur has fixed June 23 for a decision on whether Umno-linked lawyer Muhammad Shafee Abdullah will be granted an inter-parte injunction against the Bar Council over the latter's recent annual general meeting which wanted to discuss the former's conduct.

Justice Asmabi Mohamad will also decide on the same date whether  to allow the Bar Council's application to strike out the suit filed by Shafee.

Submissions on the matter completed this afternoon with Shafee's lawyers Kamarul Hisham Kamaruiddin and Hasnal Rezua Merican applying to extend the inter-parte injunction until the disposal of their client's suit.

Justice Asmabi had a day before the Bar annual general meeting granted a temporary injunction barring all parties from discussing the Bar Council motionon Shafee (photo).

The court also heard submission from Bar Council lawyers Lambert Rasaratnam and Andrew Chiew along with arguments from S Ambiga for lawyer Tommy Thomas plus Porres Royan who appeared for former Court of Appeal judge VC George.

In their proposed motion, Thomas and George cited Shafee's actions of holding press conferences criticising Anwar, who as a convicted prisoner cannot respond, as a reason why disciplinary action should be taken against the senior lawyer.

Shafee's actions, they said, violated Rules 5(a), 31, 32, 33 and 49 of the Legal Profession (Practice and Etiquette) Rules 1978.
Rule 5(a) states that a lawyer should not accept a case if he or she cannot be a professional, while Rule 31 states lawyers should uphold the dignity of the profession.

In camera evidence charge

Thomas and George also cited Rule 33 (feelings between clients should not influence the lawyer's conduct towards parties), and Rule 49, which states that lawyers should not ask for a matter or case to be reported.

Spotlight had fallen on Shafee (right) over his professional conduct after as government-appointed special prosecutor he helped the Attorney-General's Chambers secure a conviction against opposition leader Anwar Ibrahim for sodomy.

Following the court victory, Shafee went on a roadshow and publicly disclosed what was purportedly in camera evidence from the court case.

Among them included ‘extra’ information where Shafee alleged Anwar (photo) had pinched complainant Mohd Saiful Bukhari Azlan's nipple as part of foreplay before the sexual act. An examination of court transcripts show no record of this.

Shafee, however, maintains the incident occurred.

Following public outcry, the government admitted to organisingthe first roadshow conducted by Shafee but said it had nothing to do with subsequent roadshows done by him.
~ Malaysiakini

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