Shafee fails to set aside disciplinary board ruling
Hafiz YatimPublished: Jan 10, 2014 10:25 AM | Updated: Jan 10, 2014 3:28 PM
Renowned lawyer Muhammad Shafee Abdullah today failed to set aside the Advocates and Solicitors Disciplinary board's decision to impose a RM5,000 fine on him for violating the Legal Profession Act.
An article in The Star on Oct 5, 2009 is said to be 'laudatory' to the lawyer.
Renowned lawyer Muhammad Shafee Abdullah today failed to set aside the Advocates and Solicitors Disciplinary board's decision to impose a RM5,000 fine on him for violating the Legal Profession Act.
This followed the publication of an article on Sept 27, 2009 in The Star newspaper which was said to be "laudatory" to the lawyer.
In 2010, then-Bar Council president Ragunath Kesavan reported the matter to the board following the publication of the article.
The board issued an order on Oct 5, 2012 for Shafee to pay the fine.
Kuala Lumpur High Court judge Zaleha Yusof said this morning that she finds it unnecessary to "disturb" the Bar Council’s findings.
"I've read the article, I agree with the words 'top lawyer with the high-profile firm' were all the reporter's words and not of the applicant (Shafee).
"(But) I also agree with the respondent that the article did contain laudatory remarks and statements about the applicant and his firm, which was beyond the scope or approved information allowed by the Legal Profession (Publication) 2001.
"I think what matters here is the opinion of the Bar Council as provided for by Rule 15(1)(b).
"I don't think the court should interfere with the decision of the Bar Council and hence, I dismiss the appeal," she said.
Justice Zaleha also made no order as to costs.
Two articles in Star
Lawyer Sarah Abishegam appeared for Shafee while Tan Cheong Leong represented the Bar Council.
Abishegam informed the court that Shafee will apply for a stay of the decision.
Shafee filed the application to set aside the board's decision in November 2012 and claimed that the disciplinary committee's recommendations on the complaint by Ragunath based on the LPA prejudiced him.
The lawyer said he does not know specifically where his liability lies and which article is found to have breached the said order.
Shafee, in his application, said he gave an interview resulting in two articles published in The Sunday Star titled 'Counsel rests his case' and 'Keeping within the letter of the law'.
He wanted the fine channel to the disciplinary fund be set aside and returned, costs and other orders deemed fit by the court.
This followed the publication of an article on Sept 27, 2009 in The Star newspaper which was said to be "laudatory" to the lawyer.
In 2010, then-Bar Council president Ragunath Kesavan reported the matter to the board following the publication of the article.
The board issued an order on Oct 5, 2012 for Shafee to pay the fine.
Kuala Lumpur High Court judge Zaleha Yusof said this morning that she finds it unnecessary to "disturb" the Bar Council’s findings.
"I've read the article, I agree with the words 'top lawyer with the high-profile firm' were all the reporter's words and not of the applicant (Shafee).
"(But) I also agree with the respondent that the article did contain laudatory remarks and statements about the applicant and his firm, which was beyond the scope or approved information allowed by the Legal Profession (Publication) 2001.
"I think what matters here is the opinion of the Bar Council as provided for by Rule 15(1)(b).
"I don't think the court should interfere with the decision of the Bar Council and hence, I dismiss the appeal," she said.
Justice Zaleha also made no order as to costs.
Two articles in Star
Lawyer Sarah Abishegam appeared for Shafee while Tan Cheong Leong represented the Bar Council.
Abishegam informed the court that Shafee will apply for a stay of the decision.
Shafee filed the application to set aside the board's decision in November 2012 and claimed that the disciplinary committee's recommendations on the complaint by Ragunath based on the LPA prejudiced him.
The lawyer said he does not know specifically where his liability lies and which article is found to have breached the said order.
Shafee, in his application, said he gave an interview resulting in two articles published in The Sunday Star titled 'Counsel rests his case' and 'Keeping within the letter of the law'.
He wanted the fine channel to the disciplinary fund be set aside and returned, costs and other orders deemed fit by the court.
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