Lawyer Muhammad Shafee Abdullah won his appeal today to set aside the RM5,000 fine for misconduct imposed on him by the Advocates and Solicitors Disciplinary Board.
Justice Tengku Maimun Tuan Mat, who chaired a three-member Court of Appeal panel, held that Shafee did not breach the Legal Profession (Publicity) Rules 2001 with regard to an interview he gave to the media.
According to Bernama , the judge said Shafee's statement must be read objectively and in the context of the entire interview.
She ordered the board to refund the RM5,000, which was paid to the Discipline Fund by Shafee, 63.
The decision made by the panel, which also comprised Justices Ahmadi Asnawi and Vernon Ong Lam Kiat, was unanimous.
After the verdict, Shafee told reporters that the court of appeal's decision was right and one that the disciplinary board and disciplinary committee should have made.
'Interpretation of the rules jaundiced and biased'
"I am happy that I cleared by name," he said, adding that the disciplinary board and disciplinary committee were grossly wrong and that their interpretation of the rules was jaundiced and biased
On Oct 5, 2012, the disciplinary board fined Shafee RM5,000, following a complaint by then Bar Council president Ragunath Kesavan on Sept 23, 2010, that he had breached Section 94(3)(k) of the Legal Profession Act.
The complaint was based on an interview Shafee gave to The Star and two articles entitled, 'Counsel rests his case' and 'Keeping within the letter of the law', which were published in the English daily on Sept 27, 2009.
The board had affirmed the findings of the disciplinary committee that Shafee had publicised himself and his firm of solicitors in a manner that infringed the Legal Profession Publicity Rules 2001, Legal Profession Practice and Etiquette Rules 1978 and Rules & Rulings of the Bar Council 2007.
On Jan 10, last year, Shafee lost his appeal, which was dismissed by the High Court in Kuala Lumpur. He subsequently appealed to the Court of Appeal.
Counsel Arthur Wang appeared for the Bar Council while Shafee acted pro se.
Meanwhile, Bar Council president Steven Thiru told Malaysiakini that an appeal will be filed with the Federal Court.
"We respect the decision of the Court of Appeal but we do not agree with the decision," he said.
