Shafee obtains order barring Malaysian Bar from discussing conduct

The Malaysian Bar and three other people have been barred from discussing the conduct of senior lawyer Tan Sri Muhammad Shafee Abdullah in the Datuk Seri Anwar Ibrahim's sodomy appeal case at its future annual general meeting (AGM).

This followed High Court Judge Datuk Asmabi Mohamad granting the lawyer's application today, for an inter-parte injunction pending disposal of a suit filed by him against the four.

On March 13, Muhammad Shafee filed a defamation suit against the Malaysian Bar, lawyer Tommy Thomas, former Appeals Court judge Tan Sri V. C. George, and former Bar Council president Christopher.

Lawyer Hasnal Rezua Merican, who represented Muhammad Shafee told reporters that the court had rejected the defendants' application to strike out the temporary injunction obtained by Muhammad Shafee on March 13.

Therefore, he said the court fixed July 20 for case management to set a trial date of the suit.

He said the court allowed his client's application for the injunction on the grounds that there were issues to be tried.

"Balance of convenience is in the plaintiff's favour, due to possible irrepairable harm that could be done towards him," said Hasnal Rezua.

He added that the court was satisfied that any damages would be inadequate if Muhammad Shafee suffered the harm following the discussion of his act, because it involved his good name.

Malaysian Bar chairman Steven Thiru who was present in court said he would appeal at the Court of Appeal against today's ruling.

In his suit, Muhammad Shafee claimed that on Feb 28, Thomas, who was reconded by George had published and submitted a motion for discussion by the AGM on March 14, relating to his conduct as 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' that could be accessed by all members of the board.

The motion, among other things, concerned the behaviour of Muhammad Shafee as chief public prosecutor, who staged roadshows relating to Anwar's sodomy case.

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

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

He also sought an interim injunction to restrain the defendants, or through their agents, to table the motion at the AGM and a permanent injunction barring the defendants from allowing the motion to be discussed in future AGMs.