Lawyer Tommy Thomas believes that former special prosecutor Muhammad Shafee Abdullah's conduct - having press conferences condemning former opposition leader Anwar Ibrahim, among others – had constituted serious misconduct.

Shafee had also brought disrepute to the legal profession, said Thomas in his witness statement today.

“Never in our history did a public prosecutor bring so much publicity to himself on a successful conviction."

And it is because of this, said Thomas ( photo ), that he had proposed the motion to censure Shafee’s conduct.

Shafee had then filed a suit to stop Thomas and former Court of Appeal judge VC George from tabling the motion at the Malaysian Bar annual general meeting last year, calling for him to be brought to the Bar’s disciplinary board for roadshows and interviews he had given after securing Anwar’s sodomy conviction.

During cross-examination by Shafee's counsel Kamarul Hisham Kamaruddin at the Kuala Lumpur High Court today, Thomas said Shafee’s conduct was “extraordinary and unprecedented” in his 40 years of practice.

Apart from Shafee, there had been three or four occasions, said Thomas, where lawyers behaved extraordinarily, citing controversial lawyer VK Lingam, the 2007 Walk for Justice and the first and second statutory declarations (SD) of the late private investigator P Balasubramaniam.

'Condemnation of peers'

Meanwhile, Kamarul, in cross-examining Thomas further, asked the latter whether he agreed that Shafee faced the possible risk of losing his reputation and livelihood if the Malaysian Bar had supported the motion to condemn him.

“Shafee would have had the condemnation of his peers over his head,” Kamarul pointed out.

Thomas, however, said if that happened, Shafee had only brought it upon himself.

“On the matter of reputation, I really don’t know. (But) if that eventuality had occurred then it would be a result of self-inflicted conduct,” said Thomas.

Again citing the case of Lingam, Thomas rationalised that such controversial lawyers had instead continued to “flourish”.

“They became more successful after the condemnation. They did not suffer brief losses,” Thomas said.

Lingam was implicated in a judge-fixing scandal when a video clip of him apparently negotiating the appointment of top judges was made public in 2007.

Later during re-examination by his lawyer, Thomas further explained his statement that Shafee’s conduct was unprecedented in his 40 years of experience in legal practice.

“From a barrister’s perspective, Shafee didn't behave honourably and he was going to bring the profession to disrepute."

Barristers, he said, should not be the instruments of their clients.

“Any publicity carried out must not be done in bad taste. It shouldn't be offensive.

“That’s why I said that it is unprecedented. No barrister has ever undertaken such a course of conduct,” he said.

Apart from Thomas, Shafee is also suing George who seconded the motion, and the Malaysian Bar and former Bar Council president Christopher Leong.

The hearing will continue tomorrow with testimony from the other defendants as well as from a witness who has been recalled.