Shafee fails to set aside decision over misconduct

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KUALA LUMPUR: Prominent lawyer Tan Sri Muhammad Shafee Abdullah yesterday failed in his bid to set aside a decision by the Advocates and Solicitors Disciplinary Board which had fined him for misconduct in his profession.

High Court judge Datuk Zaleha Yusof dismissed Muhammad Shafee’s appeal after ruling that the court should not interfere with the board’s decision stemming from his interview with a media organisation.

Justice Zaleha said the court agreed with the respondent (Bar Council) that the articles did contain laudatory remarks and statements about the appellant and his firm which were beyond the scope or approved information allowed by the Legal Profession Act.

“I think what matters here is what was the opinion of the Bar Council provided under Rule 15(1)(b) of the Legal Profession Publicity Rules 2001.

“I don’t think that the court should interfere with the decision of the Bar Council. Thus, I dismiss the appeal with no order as to costs,” she said.

Muhammad Shafee filed an appeal against the board’s decision on Oct 5, 2012 which found that he had breached Section 94(3)(k) of the Legal Profession Act and ordered him to pay RM5,000 to the Discipline Fund.

In his originating summons filed on Nov 16, 2012, Muhammad Shafee claimed that the board had fined him RM5,000 following a complaint by then Bar Council president K Ragunath on Sept 23, 2010 that the former had publicised himself and his firm during an interview with The Star.

The two articles titled ‘Counsel rests his case’ and ‘Keeping within the letter of the law’ were published on Sept 27, 2009. The findings of the disciplinary committee were that Muhammad Shafee had publicised himself and his firm of solicitors in a manner that infringed the Legal Profession Publicity Rules 2001.

Muhammad Shafee was represented by Counsel Sarah Abishegam while the Bar Council was represented by Counsel Tan Sheong Leong. — Bernama