KUALA LUMPUR (April 14): The High Court has ordered the Malaysian Bar to pay senior lawyer Tan Sri Muhammad Shafee Abdullah RM340,000 for breaching its statutory duty over a motion it planned to include in its 2015 annual general meeting in relation to the Datuk Seri Anwar Ibrahim Sodomy II case.

High Court judge Datuk Ahmad Shahrir Mohd Salleh awarded the sum on Monday, comprising RM200,000 for reputational loss, RM100,000 for loss of professional opportunities, RM20,000 for mental stress and health-related consequences, and RM20,000 in aggravated damages.

“The global sum represents a fair, reasonable and proportionate compensation for the breach committed," Ahmad Shahrir said.

Speaking to reporters following the decision, Shafee said that the sum will go to charity, either for children or ill lawyers who struggle with their medical bills.

Proceedings on Monday were from a protracted legal battle stemming from the Bar's plan to table a motion of condemnation against Shafee to be discussed in its 2015 AGM about the lawyer's involvement in a roadshow to explain Anwar’s conviction in the Sodomy II case, in which Shafee was the ad hoc prosecutor. The Bar had done this without first lodging a complaint about his conduct with the disciplinary board.

The motion, however, was not tabled, as Shafee had managed to obtain a court order to stop it.

Shafee then hauled the Bar to court in March 2015. While the High Court and the appellate court dismissed his case, the apex court in October 2021 ruled in his favour, saying the veteran lawyer was entitled to damages.

The Federal Court held the view that before tabling and publishing the motion against Shafee for all 15,000 members to view and discuss, the Bar should have first made a complaint against the senior lawyer for misconduct, as stipulated under Section 99 (1) of the Legal Profession Act 1976, to the disciplinary board.

The apex court also directed that 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.

Hearing for the assessment of damages took place in August 2023.

In this matter, Shafee represented himself, while Andrew Chiew Ean Vooi and senior lawyer Lambert Rasa-Ratnam also appeared for the Bar on Monday.

Shafee had initially asked for at least RM2 million in damages, given that a "grave wrongdoing was inflicted on him", resulting in "great mental, physical and financial distress" to him.

Anwar, who was the leader of the opposition at the time, was imprisoned for the crime until he received a royal pardon in May 2018. He returned to Parliament in the same year and became prime minister after the 2022 general election.

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