KUALA LUMPUR (Jan 27): The High Court has set April 14 to deliver its decision on Tan Sri Muhammad Shafee Abdullah's RM2 million defamation lawsuit against the Malaysian Bar over a motion it planned to include in its annual general meeting (AGM) to condemn his conduct in relation to the Datuk Seri Anwar Ibrahim sodomy case about a decade ago.
After hearing closing arguments from both sides, High Court judge Datuk Ahmad Shahrir Mohd Salleh set the date for the court's decision on the quantum of damages that will be awarded to Shafee by the Bar.
The legal battle began in 2015, when the Bar planned to table a motion of condemnation against Shafee at its AGM, which would have discussed his involvement in a roadshow to explain Anwar's conviction in the sodomy case. Shafee was the ad hoc prosecutor in the case. The motion, however, was not tabled in the end, as Shafee managed to obtain a court order to stop it.
The veteran lawyer also hauled the Bar to court in March 2015, accusing it of defamation. The High Court and the Appellate Court dismissed his case. In October 2021, however, the Federal Court ruled in his favour, and said Shafee was entitled to damages.
The Federal Court held that the Bar should have first made a complaint against Shafee for misconduct with the disciplinary board before tabling and publishing the motion, as stipulated under Section 99(1) of the Legal Profession Act 1976. The court also directed that the assessment of damages be decided by the High Court.
The Bar subsequently filed an application to review the Federal Court's decision, but this was dismissed in September 2022.
In his closing submissions on Monday, Shafee argued that he is seeking RM2 million in damages, as the Bar's action had "ruined" his reputation and livelihood. He also claimed that the Bar had breached its statutory duty and that he had lost opportunities in taking other cases due to his involvement in this litigation.
However, Andrew Chiew Ean Voi, the Bar's lawyer, argued that Shafee had taken many prominent cases since then, and there was no evidence to suggest that there was any impact on Shafee's reputation. Andrew also disputed the RM2 million figure, stating that it was not backed by evidence and should not stand.
Shafee testified as his own witness during the hearing to assess the damages in 2023.