Shamsulbahri bin Haji Ibrahim

On the judicial record

A High Court judge whose reported corpus spans civil, criminal and administrative work, distinguished by a professional-negligence claim against a valuer and a personal-status conversion dispute.

Justice Shamsulbahri bin Haji Ibrahim sits in the High Court (Mahkamah Tinggi), and the reported decisions in this corpus mix civil, criminal and administrative work. A notable civil decision concerns professional negligence, in which a bank sued a property valuer for allegedly overvaluing a property and thereby causing the bank loss, the court examining the Malaysian Valuation Standards and the valuer's duty of care. Other civil matters include applications for injunctions under the Specific Relief Act 1950 and appeals from the Sessions Court, including a road-accident appeal on the apportionment of liability where the deceased and the defendant were each found partly responsible.

Criminal work is well represented, largely on appeal or by way of criminal application. Appeals against conviction and sentence arise under provisions of the Penal Code such as sections 323 and 329 (voluntarily causing hurt and grievous hurt to extort), where a bare denial unsupported by credible evidence failed, and a drug appeal concerns a conviction under section 15(1)(a) of the Dangerous Drugs Act 1952 with a fine and a period of supervision. Criminal applications include applications to set aside a charge — a permohonan untuk pertuduhan diketepikan (an application for the charge to be set aside) — on the ground that no order for a joint trial had been made under section 170 of the Criminal Procedure Code and that the particulars of the charge were unclear.

The administrative strand includes a declaration sought by an adult that she is not a Muslim and that a unilateral conversion during her minority some years earlier was void ab initio, where the court examined whether such a childhood conversion is by itself determinative. The corpus reflects a High Court judge working across the civil, criminal and administrative divide, with professional-liability and personal-status questions among the more distinctive matters.