The Federal Court dismisses the Malaysian Bar’s review application after ruling that the panel is not satisfied that it is a fit and proper case that falls within the limited grounds and exceptional circusmtances which the power of review may be exercised. – The Malaysian Insight file pic, September 19, 2022.
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THE Malaysian Bar today lost its bid to review the Federal Court’s decision that it breached its statutory duty when it decided to allow discussions on lawyer Muhammad Shafee Abdullah’s conduct when the latter was an ad hoc prosecutor in Anwar Ibrahim’s Sodomy II case.
A three-member panel of the Federal Court, led by judge Zabariah Mohd Yusof, dismissed the Malaysian Bar’s review application with no order as to costs after ruling that they were not satisfied that it was a fit and proper case that falls within the limited grounds and exceptional circusmtances which the power of review may be exercised.
The other two judges on the panel were Hasnah Mohammed Hashim and Mohamad Zabidin Mohd Diah.
Zabariah said arguments presented before the court appeared to be an appeal against the finding of the earlier Federal Court panel, which the present panel was not empowered to do.
“It was not for this Federal Court panel to consider whether the earlier (Federal Court) panel had or had not made the correct decision on the facts and the law,” she said, adding that those were matters of opinion and interpretation of the law.,
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Zabariah said there was no inconsistency in the decision of the earlier Federal Court panel, adding that the earlier panel, in answering the legal question, had resolved the main contention and issue in the case, namely the breach of statutory duty of the Malaysian Bar, and that other issues were not significant to the appeal.
In March 2015, Shafee sued the Malaysian Bar, former attorney-general Tommy Thomas and former Court of Appeal judge V.C. George. Both Thomas and George were lawyers at the time.
He claimed that Thomas had published and submitted a motion on February 28, 2015 for discussion by the Malaysian Bar annual general meeting (AGM) on March 14 the same year, and the motion was seconded by George.
The motion related to Shafee’s conduct as deputy public prosecutor in Anwar’s sodomy appeal in the Federal Court, claiming that the former (Shafee) had violated the legal profession’s rules, which prohibited lawyers from publicising themselves.
The motion also alleged that Shafee had participated in nationwide roadshows with the purpose of insulting a convicted prisoner and for bringing attention to his role in Anwar’s conviction.
On May 26, 2016, the High Court dismissed Shafee’s suit, and he also lost his appeal in the Court of Appeal on October 11, 2018, prompting him to bring the matter to the Federal Court.