Shafee wins appeal to set aside RM5,000 fine for misconduct

PUTRAJAYA: Lawyer Tan Sri Muhammad Shafee Abdullah won his appeal yesterday to set aside the RM5,000 fine imposed on him by the Advocates and Solicitors Disciplinary Board for misconduct.

Justice Datuk Tengku Maimun Tuan Mat who chaired a threemember Court of Appeal panel held that Muhammad Shafee did not breach the Legal Profession (Publicity) Rules 2001 with regards to an interview he gave to the media. The judge said Muhammad Shafee’s statement must be read objectively and in the context of the entire interview. She ordered the board to refund the RM5,000 which was paid to the Discipline Fund by Muhammad Shafee, 63.

The decision made by the panel which also comprised Justices Datuk Ahmadi Asnawi and Vernon Ong Lam Kiat was unanimous.

After the verdict, Muhammad Shafee told reporters that the court of appeal’s decision was right and one which the disciplinary board and disciplinary committee should have made.

“I am happy that I cleared by name,” he said, adding that the disciplinary board and disciplinary committee were grossly wrong and that their interpretation on the rules was jaundiced and bias.

On Oct 5, 2012, the disciplinary board fined Muhammad Shafee RM5,000, following a complaint by then Bar Council president Ragunath Kesavan on Sept 23, 2010, that he had breached Section 94( 3)( k) of the Legal Profession Act. The complaint was based on an interview given by Muhammad Shafee to The Star and two articles entitled, ‘Counsel rests his case’ and ‘Keeping within the letter of the law’ which were published in the English daily 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.

On Jan 10, last year, Muhammad Shafee lost his appeal which was dismissed by the High Court in Kuala Lumpur. He subsequently appealed to the Court of Appeal. Counsel Arthur Wang appeared for the Bar Council while Muhammad Shafee acted pro se. — Bernama