LAWYER Muhammad Shafee Abdullah can appeal at the Federal Court against the dismissal of his defamation suit against the Malaysian Bar and three others related to his conduct as deputy public prosecutor in Anwar Ibrahim’s second sodomy trial.

This follows a decision today by a three-man apex court bench led by Court of Appeal president Rohana Yusuf in granting leave to Shafee to appeal against the Court of Appeal’s decision.

Rohana said the court is of the view that Question 1 has merits for further argument, and allowed leave to appeal the application on Question 1.

Also on the bench are Federal Court judges Vernon Ong Lam Kiat and Abdul Rahman Sebli.

A litigant must obtain leave in order to proceed with an appeal at the top court.

In 2016, the Kuala Lumpur High Court dismissed a defamation suit filed by Shafee against the Bar, former attorney-general Tommy Thomas, former Bar president Christopher Leong and former Court of Appeal judge V.C. George.

The Court of Appeal in 2018 rejected Shafee’s appeal and upheld the high court’s decision.

In today’s proceedings, Shafee, who appeared on his own behalf, sought leave on four legal questions, but lawyers representing the respondents argued that the said questions do not cross the threshold requirement of Section 96 of the Courts of Judicature Act 1964 for leave to be granted.

Thomas was represented by lawyer Ambiga Sreenevasan, while counsel Porres Royan appeared for George. Lawyers Lambert Rasa-Ratnam and Andrew Chiew acted for Leong and the Bar.

The question that was allowed is: “Can members of the Bar, having moved by way of a motion pursuant to Section 64(6) of the Legal Profession Act 1976 to resolve at the annual general meeting (AGM) that the Bar Council lodge a complaint against the advocate and solicitor with the disciplinary board, simultaneously move for a resolution to inter alia condemn in the strongest terms the advocate and solicitor’s alleged breach of discipline at the AGM?”

Shafee filed the suit in March 2015, claiming that on February 28 the same year, Thomas, who was seconded by George, published and submitted a motion for discussion at the Bar AGM on March 14, 2015.

The motion pertains to Shafee’s conduct as DPP in PKR president Anwar’s sodomy appeal at the Federal Court, and claims that the senior counsel violated the legal profession’s rules prohibiting lawyers from publicising themselves. It alleges that Shafee participated in nationwide roadshows with the purpose of insulting a convicted prisoner and bringing attention to his role in Anwar’s conviction.

On February 10, 2015, the Federal Court affirmed Anwar’s conviction for sodomising former aide Mohd Saiful Bukhari Azlan, and sentenced him to five years’ jail.

Anwar, however, was granted a full pardon by the king on May 16, 2018.

In his statement of claim, Shafee is seeking, among others, a declaration that the motion is mala fide because the purpose of the proposal is simply to embarrass him, and that the Bar AGM is not the proper forum to hear such a motion. – Bernama, August 19, 2020.