PUTRAJAYA, Sept 14 — The Court of Appeal today reduced the damages awarded to senior lawyer Tan Sri Muhammad Shafee Abdullah from RM340,000 to RM120,000 in his suit against the Malaysian Bar and two others for breach of statutory duty.

A three-member bench led by Justice Datuk Dr Choo Kah Sing, and comprising Datin Paduka Evrol Mariette Peters and Datuk Meor Hashimi Abdul Hamid, unanimously allowed the Malaysian Bar’s appeal in part.

The bench also dismissed Muhammad Shafee’s appeal seeking an increase in the quantum of damages.

In delivering the decision, Justice Choo held that the damages and quantum sought must be established by facts, rather than mere inference.

He further held that although there were illegalities in the Bar’s action, it did not automatically follow that the action was taken with malice.

The Bar had appealed on the ground that the quantum of damages awarded by the High Court was excessive, while Muhammad Shafee cross-appealed, contending that the sum awarded was inadequate and challenging the High Court’s refusal to grant exemplary damages.

In April last year, the High Court awarded Muhammad Shafee RM200,000 for reputational loss and injury to feelings, RM100,000 for loss of professional opportunities, RM20,000 for mental stress and health-related consequences, and RM20,000 in aggravated damages. It did not award exemplary damages.

However, the Court of Appeal today reduced the award for reputational loss and injury to feelings from RM200,000 to RM100,000, while maintaining the RM20,000 in aggravated damages.

The appellate court set aside the awards for loss of professional opportunities, mental stress and health-related consequences.

In March 2015, Muhammad Shafee sued the Bar, former Attorney-General Tan Sri Tommy Thomas and former Court of Appeal Judge Tan Sri VC George, both of whom were practising lawyers at the time, as defendants.

Muhammad Shafee claimed that Thomas had published and submitted a motion on Feb 28, 2015, for discussion at the Malaysian Bar annual general meeting on March 14 the same year, and that the motion was seconded by George.

The motion concerned Muhammad Shafee’s involvement in a roadshow in a sodomy case in which he was the ad hoc prosecutor.

On May 26, 2016, the High Court dismissed Muhammad Shafee’s suit. He subsequently lost his appeal in the Court of Appeal on Oct 11, 2018, prompting him to bring the matter to the Federal Court.

On Oct 20, 2021, the Federal Court allowed Muhammad Shafee’s appeal, holding that he was entitled to damages from the Bar, and ordered the case to be remitted to the High Court for an assessment of damages.

The Bar then filed a review bid, which was dismissed by the Federal Court on Sept 19, 2022.

Following that assessment, on April 14 last year, the High Court awarded RM340,000 in damages to Muhammad Shafee.

At the Court of Appeal today, lawyers Lambert Rasa-Ratnam and Colin Yoong Shern Zian represented the Malaysian Bar, while Muhammad Shafee appeared on his own behalf together with lawyer Naresh Mayachandran. — Bernama