KUALA LUMPUR, Nov 1 — Datuk Mohd Zaid Ibrahim and two others lawyers are suing the Malaysian Bar and its president Karen Cheah Yee Lynn over a press statement that claimed the trio had acted unprofessionally while representing former prime minister Datuk Seri Najib Razak in his SRC International conviction appeal.
Zaid, Liew Teck Huat and Rueben Mathiavaranam of the legal firm Zaid Ibrahim Suflan TH Liew & Partners had threatened to sue the Malaysian Bar back in August over a press statement that claimed they were unprofessional, unless a "full and unequivocal retraction and apology" was given.
In the writ of summons sighted today by Malay Mail, the trio filed the civil suit at the High Court here on September 30.
In their statement of claims, the lawyers are seeking general and aggravated damages for the publication and republication of the libel caused by the Malaysian Bar and Cheah.
They are also seeking an injunction against the republication of the alleged defamatory press release or similar publication.
Several declarations are also being sought; among them a declaration that the impugned publications are not the proper forum for any alleged misconduct and such misconduct should have been referred to the Disciplinary Board.
According to the documents filed by the trio, the press statement had been issued by Cheah in her capacity as the Malaysian Bar president while the Federal Court was hearing Najib's appeal to set aside his SRC International conviction and sentence of 12 years’ imprisonment and a fine of RM210 million, on August 19.
Zaid, Liew and Reuben claimed the press statement titled "Abuse of Process Brings Disrepute to Our Justice System" was false and published with malice and suggested they had abused and brought the justice system into disrepute; undermined the justice system through unscrupulous strategies; perverted the court of justice and abused the court process.
The three lawyers claimed the press release was published on the Bar's official website without any prior notice or any verification sought, which were then subsequently republished in various media organisations including Malay Mail.
They further accused both the Bar and Cheah of breaching their statutory duty under Section 99(1) of the Legal Profession Act.
"The defendants deliberately issued the press release and caused the publication of the media reports intending the said words complained of to attain the most extensive coverage possible throughout the country and globally in a sensational tone and unrestrained language," Zaid, Liew and Reuben said in their statement of claims.
The trio claimed that any complaint of misconduct should have been referred to the Advocates and Solicitors Disciplinary Board under Section 99(1) of the Legal Profession Act (LPA).
"Section 99(1) of the Act conferred exclusive power on the Disciplinary Board to deal with any matters concerning the conduct of advocates and solicitors as it expressly provides that any such complaint "shall" first be made and refer to it.
"This is a mandatory, not discretionary provision," they said.
The trio further alleged that both the Bar and Cheah have no right, power or duty to make findings of guilt relating to any matters concerning the conduct of advocates and solicitors under the LPA.
Instead, they said that both the Bar and Cheah took "unprecedented steps" of issuing a press release and condemned the lawyers as being guilty of professional misconduct.
"The defendants had prejudged the guilt of the plaintiffs for the professional misconduct without any findings or determination by the Disciplinary Board under the Act," they said.
Najib had appointed Zaid’s law firm, Zaid Ibrahim Suflan TH Liew & Partners, on July 25 to replace Shafee & Co and represent him in his last SRC International criminal appeal over the misappropriation of RM42 million.
At that stage, Najib had also replaced his regular lead counsel Tan Sri Muhammad Shafee Abdullah from the law firm Shafee & Co with Datuk Hisyam Teh Poh Teik of the legal firm Teh Poh Teik & Co.
But Najib later dropped the three lawyers from Zaid Ibrahim Suflan TH Liew & Partners after the Federal Court refused their request for more time to prepare for the appeal.
Najib lost this appeal on August 23 when the Federal Court unanimously upheld the High Court's decision to convict him on all seven charges of abuse of power, criminal breach of trust and money laundering, as well as the sentence of 12 years imprisonment and a fine of RM210 million.
