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Monday, July 14, 2014

Court orders Umno lawyer to remove his barrister’s robe

Umno lawyer Tan Sri Muhammad Shafee Abdullah (pic) was put in an embarrassing position at the Court of Appeal in Putrajaya today when he had to disrobe himself in open court.
Shafee was appearing in his personal capacity to appeal against a High Court decision which earlier this year upheld a RM5,000 fine for breaching the publicity rule under the Legal Profession Act.
A counsel who is a litigant in his own case is required by legal tradition, not to wear the barrister's robe.
This was because Mah was a former Bar Council president and a member of the Advocates and Solicitors Disciplinary Board.
The other two judges were Datuk Mohamad Ariff Mohd Yusof and Datuk Abang Iskandar Abang Hashim.
"Are you robed?" Mah asked Shafee, who seemed to be unaware, but removed his robe and continued with the submission.
Shafee said he was calling for Mah's recusal because the Bar Council was accused of "selective prosecution" of lawyers before the board.
"I wonder if Your Lordship, as a former council chairman and board member, will be comfortable to be on the bench to hear the appeal," he said.
Mah then disqualified himself.
"I will recuse myself in abundance of caution," Mah said.
The appeal will be heard on October 14 before a new panel.
On January 10, High Court judge Datuk Zaleha Yusof said she found it unnecessary to "disturb" the findings of the board which concluded Shafee was guilty of professional misconduct.
“I have read the article. I agree with the words 'top lawyer with high-profile firm' were all the reporter’s words and not of the applicant (Shafee).
“(But) I also agree with the respondent (Bar Council) that the article contained laudatory remarks and statements about the applicant (Shafee) and his firm, which were beyond the scope or approved information allowed by the Publicity Rules 2001," she said.
She said what mattered here was the opinion of the board as provided for by Rule 15(1)(b).
“I don’t think the court should interfere with the decision of the board and hence, I dismiss the appeal.”
On September 27, 2009, The Star newspaper had featured an article about Shafee, which was said to be “laudatory” of the Umno lawyer.
In 2010, then Bar Council chairman Ragunath Kesavan reported the matter to the board following the publication of the article.
Shafee was hauled up before the board and was fined RM5,000 on October 5, 2012 for the misconduct.
- TMI

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