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Ex-AIAC director seeking immunity from arrest, prosecution

Published
Modified 23 May 2019, 7:15 am

N Sundra Rajoo has filed a judicial review in a bid for immunity from possible arrest and prosecution for any acts he may have committed during his tenure as the director of the Asian International Arbitration Centre (AIAC).

In Sundra's filing at the Kuala Lumpur High Court, he said he enjoyed the same immunity as an ambassador or high commissioner – which cannot be unilaterally revoked by the government, he was quoted as saying by The Malaysian Insight.

Sundra also said that he was forced to relinquish his post as AIAC director.

He is seeking an order stopping the Attorney-General's Chambers from laying any charge, as well as prohibiting the MACC from detaining him or bringing any judicial proceedings against him.

He is also seeking a declaration that his immunity cannot be revoked.

The foreign minister, attorney-general, MACC and the government of Malaysia were named as respondents.

Sundra came into the spotlight last year after the anti-graft commission raided his office and questioned several of his staff members.

He was suspected of using government funds to obtain favours from past and present ministers to extend his contract as AIAC director.

This was after anonymous letters were sent to several people – including the MACC, attorney-general Tommy Thomas, Foreign Minister Saifuddin Abdullah and inspector-general of police Mohd Fuzi Harun.

He resigned from AIAC last November following the graft allegations.

He was arrested by MACC on Nov 20, 2018, but a Magistrate's Court in Putrajaya rejected the commission's application to remand Sundra for seven days.

This came after AIAC's lawyers told the court that the MACC had no jurisdiction to arrest Sundra, as he is a high officer protected under the International Organisations (Privileges and Immunities) Act 1992 (Act 485).

The government was reportedly taking steps to waive the immunity claimed by Sundra.