©Malay Mail (Used by permission)
by IDA LIM
KUALA LUMPUR, May 26 — The two Malaysian Bar members behind the motion against Tan Sri Muhammad Shafee Abdullah can try once more to censure the Umno lawyer over his conduct after Datuk Seri Anwar Ibrahim’s sodomy conviction, the professional body’s vice–president said.
George Varughese said the duo, senior lawyers Tommy Thomas and Tan Sri VC George, were now free to re–table their motion, following the High Court’s dismissal this morning of Shafee’s defamation lawsuit on the matter.
“They can retable it if they want to, it’s entirely up to them — the proposers,” he told reporters when met here.
Last year, Tommy and VC George respectively proposed and seconded a motion for the Bar annual general meeting (AGM) to censure Shafee’s conduct following the Federal Court’s February 10 conviction of Anwar for sodomy.
But the motion was neither tabled nor debated at the AGM last March 14 as Shafee had obtained a court order to block the discussion of his conduct there.
“As far as we are concerned, that AGM is over. We were at that stage injuncted by a court order, so we could not hear that motion.
“So if at all that motion is to be heard again, that’s for the proposers to decide whether they want to retable it,” Varughese said.
Varughese confirmed that the duo can either retable the motion in the next Bar AGM due next year or call for an extraordinary general meeting (EGM) to have their motion heard.
This morning, the High Court dismissed Shafee’s suit against Tommy, VC George, the Malaysian Bar and its former president Christopher Leong after finding that there was “substantive truth” in the motion.
Varughese said the decision was “very good” for the Bar, which he pointed out has maintained that it had the right to table such a motion.
“And the judge also confirmed that members have a right to discuss issues that were in that motion.
“And (it) was also good where the court confirmed that the Bar can put it up on its website, so there was nothing wrong with that as well. And any member also has a right to come and defend himself at the AGM, so no member is deprived of that right,” Varughese said when commenting on today’s ruling.
Shafee did not appear at the Bar AGM last year.
Leong, in response to the court’s decision, called the ruling today “excellent” as it clearly recognised and reaffirmed the Malaysian Bar’s role and function.
“It’s excellent not only in terms of substantial issues but the decision of the court has clearly recognised and reaffirmed the critical and important role and function of the Bar with respect to matters affecting its members — the legal profession — but also on public interest issues,” he told reporters.