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Thursday, July 23, 2015

Shafee’s disciplinary hearing held in prison due to security issues for Anwar

Umno lawyer Tan Sri Muhammad Shafee Abdullah was the ad-hoc deputy public prosecutor in Datuk Seri Anwar Ibrahim’s sodomy hearing. – The Malaysian Insider file pic, July 23, 2015. Umno lawyer Tan Sri Muhammad Shafee Abdullah was the ad-hoc deputy public prosecutor in Datuk Seri Anwar Ibrahim’s sodomy hearing. – The Malaysian Insider file pic, July 23, 2015.
In an unprecedented move, a professional misconduct hearing against Umno lawyer Tan Sri Muhammad Shafee Abdullah was held at the Sungai Buloh prison's meeting room yesterday, due to security concerns for Datuk Seri Anwar Ibrahim, the complainant.
Anwar's lawyer Sivarasa Rasiah said tribunal chairman Datuk Vijay Kumar Natarajan informed the parties that the proceeding had to be shifted to the prison due to security issues.
Anwar filed a complaint of professional misconduct with the Advocates and Solicitors Disciplinary Board last year against Shafee who was appointed ad-hoc deputy public prosecutor to lead the prosecution team in the government’s appeal against the former opposition leader’s acquittal by a high court for sodomy in 2012.
The Federal Court early this year affirmed the Court of Appeal's conviction and five-year prison term against Anwar.
Anwar, 67, is currently serving the sentence at the Sungai Buloh prison.
Sivarasa said he objected the hearing being held in the prison as the initial proceeding last month was conducted at the disciplinary board's premises in Kuala Lumpur.
"There was no security concern then when Anwar was brought out from prison," he told The Malaysian Insider.
Sivarasa said the chairman informed him that the next hearing could be held in a police station or a court room.
"We have also offered the Petaling Jaya city council premises to hold the proceedings," said Sivarasa.
The lawyer said today's hearing, which lasted about 30 minutes, could not go on as there was a last minute service of documents by Shafee.
"I need time to study it," said Sivarasa.
He said the proceeding scheduled for today was also postponed as Shafee had a case in the court of appeal.
Vijay Kumar, who is leading a three-man committee, then fixed the next hearing on August 7 and 8.
The other two members of the committee hearing Shafee’s alleged misconduct are lawyer Izzat Othman and layman Ng Kay Yip.
Harvinderjit Singh represented Shafee who was not present.
On February 10 last year, Anwar lodged a complaint with the board, saying Shafee knew there was a conflict of interest due to his alleged “history of involvement” in the initial Sodomy I case from 1998 to 1999 and with Anwar’s aide Mohd Saiful Bukhari Azlan in Sodomy II.
He should have declined the appointment, said Anwar.
“He is in breach of etiquette rules which bind lawyers. Etiquette governs our practice,” Sivarasa said.
He added that  Shafee’s capacity as a deputy public prosecutor did not exempt him from the professional rules.
The Bar Council earlier this month also issued a show-cause letter to Shafee for alleged professional misconduct after he went on a roadshow to discuss  Anwar s sodomy conviction.
He is expected to reply to the show cause by the end of the month.
The council felt that Shafee had overstepped his boundaries when, after securing a conviction in the Federal Court, the lawyer went on a roadshow allegedly revealing evidence given in court in camera.
Senior lawyers were aghast at Shafee's behaviour and filed a motion to discuss his conduct at the Malaysian Bar annual general meeting on March 14.
Shafee, however, filed a defamation suit as well as an injunction to stop lawyers from discussing his conduct at the Bar annual general meeting.
On June 23, the Kuala Lumpur High Court dismissed an application by the Bar and two senior counsels to lift the injunction obtained by Shafee to stop discussion on his professional conduct.
Judge Datuk Asmabi Mohamad instead allowed Shafee's application to extend the injunction until the disposal of his defamation suit against the Bar, former Bar chairman Christopher Leong, lawyers Tommy Thomas and Tan Sri V. C. George.
Shafee is said to have violated the Legal Profession (Publicity) Rules 2001 which prohibits lawyers from publicising themselves or their practice in any manner.
- TMI

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