Ex-AIAC director sues former AG and 12 others for wrongful prosecution

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Former Asian International Centre for Arbitration’s (AIAC) director Datuk Sundra Rajoo Nadarajah (centre) leaves the Sessions Court in Kuala Lumpur March 26, 2019. — Picture by Hari Anggara
Former Asian International Centre for Arbitration’s (AIAC) director Datuk Sundra Rajoo Nadarajah (centre) leaves the Sessions Court in Kuala Lumpur March 26, 2019. — Picture by Hari Anggara

KUALA LUMPUR, Oct 15 — Former attorney-general Tan Sri Tommy Thomas and 12 others are being sued by former Asian International Arbitration Centre (AIAC) director Datuk prof N. Sundra Rajoo.

Sundra Rajoo’s lawyers Messrs Cheok, Ng, Lee Law Chambers today said that they have sent in a writ of summons at the High Court today.

Last week, Sundra Rajoo sent a letter of demand where he said his detention and prosecution were against the law.

The former director was initially slapped with three criminal breach of trust charges in March 2019, involving AIAC’s funds amounting to RM1.01 million.

Sundra Rajoo, 65, who was the head of AIAC from 2010 until late 2018, won his case in the High Court, but the Court of Appeal overturned the decision after allowing the appeal by the Foreign Ministry, the Malaysian Anti-Corruption Commission (MACC), the government and the Attorney General.

He subsequently obtained leave to appeal to the Federal Court.

Then on Jan 22 last year, Sessions Court judge Azura Alwi struck out the three criminal breach of trust charges involving AIAC funds amounting to more than RM1 million against Sundra Rajoo after ruling that she was bound by the High Court decision that he (Sundra Rajoo) was entitled to immunity from prosecution for acts done in his official capacity.

In April this year, the Federal Court seven-member bench ruled that former director was entitled to immunity from prosecution for acts committed while in office.

The bench led by Chief Justice Tun Tengku Maimun Tuan Mat, in a unanimous decision, allowed Sundra Rajoo’s appeal to reinstate the High Court’s decision that he (Sundra Rajoo), as a former high-ranking officer of AIAC, was immune from prosecution for acts done within his official capacity.

Malaysiakini reported that the 12 defendants are Thomas’ former special officer Khong Hui Li, former MACC officers Mohd Adrian Zaiman Zainiar, Md Yusrin Md Yusof, Mohd Fadhly Mohd Zamry, T Nesavan, G Sharan, serving MACC officer Hasmizzy Md Hasim, deputy public prosecutor Kamal Baharin Omar; former DPP Mohd Zaki Mohd Salleh, former MACC chief commissioner Datuk Seri Mohamad Shukri Abdull, the MACC, and the government of Malaysia.

Sundra Rajoo claims he was being ridiculed and his reputation tarnished leading to loss of income domestically and internationally.

The High Court fixed November 12 for the case management of the matter.

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