KUALA LUMPUR (Bernama): Former Asian International Arbitration Centre (AIAC) director Datuk Prof Dr N. Sundra Rajoo has filed a lawsuit against former attorney general Tan Sri Tommy Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Mohamad Shukri Abdull and the government of Malaysia over wrongful arrest and prosecution against him on the AIAC breach of trust case.
Sundra Rajoo as the plaintiff filed the suit via Tetuan Cheok Ng Lee in the High Court here by naming Thomas; Khong Hui Li; Mohd Adrian Zaiman Zainiar; Md Yusrin Md Yusof; Mohd Fadhly Mohd Zamry; T. Nesavan; G. Sharan Raj; Hasmizzy Md Hasim; Kamal Baharin Omar; Mohd Zaki Mohd Salleh; Mohamad Shukri; MACC and the government of Malaysia as defendants.
In his statement of claim, Sundra Rajoo alleged on the order of Mohamad Shukri and Thomas, MACC officers Mohd Adrian as well as Md Yusrin wrongfully detained him from 8pm on Nov 20, 2018 to 5pm Nov 21, 2018 at the Kuala Lumpur International Airport for not complying with the law under Article 5(1) of the Federal Constitution.
Sundra Rajoo claimed that Mohd Adrian and Md Yusrin detained him even though he had been granted the same privileges and immunities as granted to a diplomatic agent on actions and matters performed by him as a senior officer.
The plaintiff claimed based on the plaintiff’s position as a director of AIAC (then), he was a senior official under the interpretation of the Kuala Lumpur Regional Arbitration Centre Regulations 1996 (AIAC Regulations) made under the International Organisations (Privileges and Immunities) Act 1992 (Act 485).
Sundra Rajoo alleged on March 5, 2019, he sought to initiate a judicial review permission proceeding against the attorney general, MACC and the government of Malaysia at the High Court here, among others, to seek a declaration that he had immunity from criminal proceedings as a former senior officer.
He claimed that on March 25, 2019, Kamal (deputy public prosecutor) made charges against him at the Sessions Court here on a breach of trust for using the money of AIAC for the purchase of copies of a book titled “Law, Practice and Procedure of Arbitration” authored by him.
“When the three charges were read, Thomas and Kamal realised that the plaintiff had immunity from criminal proceedings.
“The three charges themselves stated that the action was related to the matter committed by the plaintiff as AIAC director and Thomas and Kamal also knew that the hearing for judicial review permission application was on the next day,” claimed the plaintiff who also said the Sessions Court on Jan 22, 2020 had cancelled the three charges of breach of trust.
The plaintiff alleged the High Court rejected the judicial review permission application and he appealed against the decision and the Court of Appeal later cancelled the decision of the High Court and the case was returned to the High Court to be heard based on merit.
The plaintiff later amended the judicial review application with a certiorari order to cancel the three charges. The High Court found the plaintiff was still immune from criminal proceedings by actions or things done in his capacity as director of AIAC.
“The High Court among others cancelled three charges after finding the allegations were not reliable as the books were purchased as promotion for AIAC, which was agreed by the Asia-African Legal Consultative Organisation (AALCO) and the royalty obtained by the plaintiff had been returned to AIAC,” claimed Sundra Rajoo in his statement of claim.
Apart from that, Sundra Rajoo claimed he was remanded and was forcefully removed from his post as AIAC director and his detention was tort in nature apart from claiming that as a result of the detention, he was ridiculed and his reputation was also affected.
The plaintiff is claiming special damages amounting to RM3,749,557.26, additional and exemplary damages, with interest of 5% from the date of judgment until the date of full settlement of all the sums ordered, costs or further orders deemed fit by the court.
Through the court review system, the case management was set on Nov 12 via e-Review. – Bernama