The Bar Council today filed an application to set aside Umno-linked lawyer Muhammad Shafee Abdullah's ex-parte injunction barring it from discussing the senior lawyer's conduct during the controversial Anwar Ibrahim Sodomy II roadshow series.

The application and supporting affidavits were filed by the firm of Lee Hishammuddin Allen and Gledhill, the firm representing the council. Senior lawyer Lambert Rasa-Ratnam is appearing for the council.

It is understood that senior lawyer Tommy Thomas, who proposed the matter be discussed at the Bar Council’s recent AGM and former Court of Appeal judge VC George, who supported the motion, have submitted separate affidavits in support of setting aside the ex-parte injunction.

Newly-appointed Malaysian Bar President Steven Thiru ( left ), when contacted by Malaysiakini, confirmed the application to set aside Shafee’s ex-parte injunction.

“We are also applying to set-aside the injunction and will be opposing any application for an inter-parte injunction tomorrow,” said Thiru.

It was previously reported that Shafee obtained his eleventh hour ex-parte injunction on March 13 , a day before the Bar Council AGM where one of the motions was to discuss his conduct. Thomas, George and the council's former president Christopher Leong were named in his originating summons.

This forced the council to withdraw  from tabling the motion against Shafee at the AGM.

In their proposed motion , Thomas and George cited Shafee's actions of holding press conferences criticising Anwar, who as a convicted prisoner cannot respond, as a reason why disciplinary action should be taken against the senior lawyer.

Shafee spiced up details

Shafee's actions, they said, violated Rules 5(a), 31, 32, 33 and 49 of the Legal Profession (Practice and Etiquette) Rules 1978.

Rule 5(a) states that a lawyer should not accept a case if he or she cannot be a professional, while Rule 31 states lawyers should uphold the dignity of the profession.

Thomas and George also cited Rule 33 (feelings between clients should not influence the lawyer's conduct towards parties), and Rule 49, which states that lawyers should not ask for a matter or case to be reported.

Spotlight had fallen on Shafee ( right ) over his professional conduct after as government-appointed special prosecutor he helped the Attorney-General's Chambers secure a conviction against opposition leader Anwar Ibrahim for sodomy.

Following the court victory, Shafee went on a roadshow and publicly disclosed what was purportedly in camera evidence from the court case.

Among them included ‘extra’ information where Shafee alleged Anwar had pinched complainant Mohd Saiful Bukhari Azlan's nipple as part of foreplay before the sexual act. An examination of court transcripts show no record of this.

Shafee, however, maintains the incident occurred.

Following public outcry, the government admitted to organising the first roadshow conducted by Shafee but said it had nothing to do with subsequent roadshows done by him.