[2018] CLJ JT (5)
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TAN SRI DR MUHAMMAD SHAFEE ABDULLAH v. TOMMY THOMAS & ORS
COURT OF APPEAL, PUTRAJAYA
DAVID WONG DAK WAH CJ (SABAH & SARAWAK), UMI KALTHUM ABDUL MAJID JCA, AHMADI ASNAWI JCA
[CIVIL APPEAL NO: W-02(NCVC)(W)-1066-06-2016]
11 OCTOBER 2018

LEGAL PROFESSION: Malaysian Bar – Bar Council – Whether President of Bar Council has legal identity within Legal Profession Act 1976 – Whether President could be sued – Whether rightful party to be sued is Bar Council

LEGAL PROFESSION: Practice and etiquette – Professional etiquette – Appellant appointed as lead counsel for Public Prosecutor – Whether appellant allowed himself to be part of political agenda of political party – Whether appellant willingly and knowingly lent himself to political event to attack and diminish reputation of accused person – Whether intended to demean accused person – Whether appellant’s conduct was improper

TORT: Defamation – Defences – Justification, qualified privilege and fair comment – Filing of motion in relation to conduct of appellant in context of breach of etiquette and publicity rules of Legal Profession Act 1976 – Whether there was malice – Whether motion amounted to complaint – Whether defences proven

TORT: Breach of statutory duty – Duties imposed by statute – Filing of motion in relation to conduct of appellant in context of breach of etiquette and publicity rules of Legal Profession Act 1976 – Whether Malaysian Bar legally bound to receive motion – Whether motion was direction from members to lodge complaint with Disciplinary Board if and when motion was carried – Whether an attempt by members to usurp statutory duties of Disciplinary Committee and Disciplinary Board

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