Shafee did not breach publicity rules, Federal Court rules
PUTRAJAYA: Lawyer Tan Sri Muhammad Shafee Abdullah has succeeded at the Federal Court in challenging the decision of the Advocates and Solicitors Disciplinary Board which had fined him RM5,000 for misconduct in his professional capacity.
Court of Appeal president Justice Md Raus Sharif, who chaired a five-man panel, held that Muhammad Shafee did not breach the Legal Profession (Publicity) Rules 2001 when he gave an interview to the media.
“We agree with the Court of Appeal over this. Look at the statement and context it was made, there was no publicity on (his part). We are unanimous in our decision,” he said.
In an immediate response, Muhammad Shafee said: “It was a landmark judgment as the apex court has decided for the first time on what amounts to publicity and advertisement.”
Justice Md Raus ordered the Bar Council to pay RM50,000 to Muhammad Shafee in costs.
Also on the panel were Federal Court judges Justices Suriyadi Halim Omar, Hasan Lah and Azahar Mohamed and Court of Appeal judge Justice Aziah Ali.
Muhammad Shafee had argued that the council was trying to penalise him for publicity when he had merely responded to questions by a reporter from The Star over various allegations against him, such as the bribing of judges.
“I can only stop an advertisement but I can’t stop a feature article which is the copyright of The Star newspaper. The Bar Council could have stopped it if they were serious about it,” he told the court.
He said there were other lawyers who had obviously publicised about themselves in magazines and other publications however, the council had not picked up on the matters.
Muhammad Shafee argued that the apex court could decide on the matter and to imply that only the Bar Council could determine on alleged misconducts of its members was “nonsensical”.
Muhammad Shafee Abdullah had on Jan 10, 2014 lost in his bid to reverse a decision by the Disciplinary Board, which fined him for misconduct in his professional capacity.
The Court of Appeal, however, had in July last year allowed Muhammad Shafee’s appeal to set aside the order.
The Disciplinary Board had on Oct 5, 2012 fined Muhammad Shafee RM5,000 following a complaint by then Bar Council president Ragunath Kesavan on Sept 23,
2010 that Muhammad Shafee had breached Section 94(3) (k) of the Legal Profession Act 1976.
The complaint was based on an interview given by Muhammad Shafee in two articles that appeared in The Star on Sept 27, 2009.
The board had affirmed the findings of the Disciplinary Committee that Muhammad Shafee had publicised himself and his firm of solicitors in a manner that infringed the Legal Profession Publicity Rules 2001, Legal Profession Practice and Etiquette Rules 1978 and Rules & Rulings of the Bar Council 2007.
THE STAR
