Illegal action did not mean malice, court rules in Shafee case

The Court of Appeal has ruled that illicit activities by the Malaysian Bar do not automatically constitute malice against senior lawyer Muhammad Shafee Abdullah. The damages award, initially set at RM340,000 by the High Court, has been reduced to RM120,000 in a recent ruling. A three-judge panel, headed by Justice Datuk Dr Choo Kah Sing, partially upheld the Malaysian Bar's appeal and dismissed Shafee's request for higher damages and exemplary damages.

Justice Choo emphasized that damages must be substantiated by concrete evidence and not merely inferred. The court cut the RM200,000 awarded for reputational damage and injury to feelings to RM100,000, while retaining RM20,000 for aggravated damages. The RM100,000 for professional opportunities loss and RM20,000 for mental stress and health-related consequences were also dismissed.

The High Court had previously awarded Shafee RM340,000 in damages in April 2025, following a 2021 Federal Court ruling granting him damages from the Malaysian Bar and remitting the case for assessment. Shafee had filed a lawsuit against the Malaysian Bar, former Attorney-General Tan Sri Tommy Thomas, and former Court of Appeal judge Tan Sri VC George, stemming from a dispute over a motion related to his role as ad hoc prosecutor in a sodomy case.