KUALA LUMPUR – The Attorney-General’s Chambers’ (AGC) move to pursue contempt of court proceedings against lawyer Tan Sri Muhammad Shafee Abdullah over his “Nazi Germany” remark violates the right to legal counsel and undermines fundamental freedoms, warned a legal rights organisation today.
Lawyers for Liberty (LFL) director Zaid Malek described the AGC’s action as “dangerous, unacceptable, and unconstitutional,” warning that intimidation of lawyers sets a troubling precedent with far-reaching implications for all Malaysians.
“It is obvious from the video that Shafee’s remark referred to the denial of a basic tenet of natural justice – the right to be heard. It was a protest, not an attack on the judiciary,” Zaid told Scoop.
“He had a right to say that,” he added.
The legal rights group was responding to news that the AGC plans to initiate contempt proceedings against Shafee following his criticism of a court order that temporarily halted all proceedings related to former prime minister Datuk Seri Najib Razak’s alleged royal addendum.
In a press conference earlier this week, Shafee – who represents Najib – likened the court’s handling of the matter to “a Nazi Germany kind of hearing” for proceeding without allowing both sides to be heard.
He stressed that Shafee did not label the court itself as Nazi, but was pointing out the injustice of a one-sided hearing.
Zaid said, as counsel, Shafee was duty-bound to defend his client both in and out of court.
Threatening contempt proceedings against him for fulfilling that duty, he said, is a direct violation of Article 5(3) of the Federal Constitution, which guarantees the right to legal representation.
“The judiciary is the last bastion between the all-powerful State and the individual, and lawyers play a central role in that process. If they cannot perform their duties freely, the rights of ordinary Malaysians are at risk,” he warned.
He also cautioned that prosecuting lawyers for using strong language could create a hostile environment that discourages them from fully representing their clients, ultimately weakening the justice system.
“The AGC must abandon this plan and respect the right to counsel. Malaysia is a country governed by the rule of law – unlike Nazi Germany,” Zaid said.
LFL further called on the government to ensure that no public institution is permitted to harass or intimidate legal professionals for carrying out their responsibilities.
According to reports, the AGC is pursuing contempt charges against Shafee over his comments made after a High Court ruling on May 27.
The court had granted the AGC’s application to stay proceedings related to Najib’s bid to compel the government to produce a purported royal addendum decree, which allegedly allows for home detention as part of his pardon.
Shafee’s legal team was not present at the hearing, which led him to slam the court’s handling of the case as resembling the authoritarian practices of Nazi Germany. – June 1, 2025