Court throws out Shafee's defamation suit against Bar, lawyers


11/10/2018

Free Malaysia Today


             

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The Court of Appeal today dismissed the appeal of lawyer Muhammad Shafee Abdullah who filed a defamation suit against the Malaysian Bar to discuss his conduct over Anwar Ibrahim's Sodomy 2 case. A three-man bench chaired by David Wong Dak Wah said they found no grounds to disturb the findings of the trial judge two years ago. "We find no merit as the High Court judge meticulously dealt with the issues, especially on the defence of justification," he said. Also on the bench were justices Umi Kalthum Abdul Majid and Ahmadi Asnawi. On May 26, 2016, justice Hanipah Farikullah threw out the suit after finding that Shafee had failed to prove his claim against the defendants. Hanipah held that the first and second defendants - senior lawyer Tommy Thomas and former Court of Appeal judge VC George - succeeded in proving their defence on the balance of probability, and that there was no malice in the publication. Shafee had named Thomas, who is now the attorney-general, George, the Bar and former Bar president Christopher Leong as defendants. He claimed that on Feb 28, 2015, Thomas had published and submitted a motion for discussion by the Bar at its annual general meeting (AGM) on March 14 which was seconded by George.