Ex-judge, senior lawyer want Shafee disciplined

 

Senior lawyer and government-appointed prosecutor Muhammad Shafee Abdullah, who has for the past few weeks held open dialogue sessions on Anwar Ibrahim's Sodomy II conviction, is in further trouble with his peers.

Now, a former Court of Appeal judge and a senior lawyer have presented a motion to the Bar Council for the 69th annual general meeting of the Malaysian Bar to condemn Shafee’s behaviour.

Retired judge VC George and senior lawyer Tommy Thomas further want the Bar Council to refer the  Umno-linked lawyer to its disciplinary board and take steps to prevent him from continuing to bring the legal profession into disrepute.

The motion was tabled by Tommy (left) and seconded by George, who is a consultant with the law firm M/s Skrine & Co.

In the motion tabled for the AGM, scheduled for March 14, the two cited Shafee's actions as questionable, arguing that barristers must not permit their absolute independence and integrity to be compromised, or compromise their professional standards in order to please clients.

They cited Shafee's actions of holding press conferences condemning Anwar, who cannot respond as a convicted prisoner, as one of the reasons why action should be taken against Shafee.

Thomas and George said Shafee's actions had drawn attention to his prowess as a top rate prosecutor and had demeaned his prosecution legal team by his participation in the nationwide roadshows.

Shafeee’s granting of interviews to traditional and on-line media concerning his performance also warranted action to be taken against the government-appointed prosecutor.

Shafee's actions, they said, are in violation of Rules 5(a), 31, 32, 33 and 49 of the Legal Profession (Practice and Etiquette) Rules 1978.

Rule 5(a) states that a lawyer should not accept a case if he or she cannot be a professional, while Rule 31 states lawyers should uphold the dignity of the profession.

Shafee was fined RM5,000

Tommy and George also cited Rule 33 (feelings between clients should not influence the lawyer's conduct towards parties), and Rule 49, which states that lawyers should not ask for a matter or case to be reported.

They quoted the reaction of former attorney-general Abu Talib Othman (right), who said such action by Shafee was as if he was advertising and promoting himself to the media and called for his appointment as a prosecutor to be revoked.

Tommy and George also added a quote from celebrated English judge Lord Denning, who said that a prosecutor is not above the law.

Shafee is no stranger to controversy, for he has been fined RM5,000 by the Advocates and Solicitors Board for promoting himself in two articles published by an English daily.

He tried to have the fine set-aside in an appeal to the High Court in Kuala Lumpur, but the judge dismissed his review application.

The matter is still subject to a final appeal, before the Court of Appeal.