Case against ex-AIAC director postponed pending judicial review

The Kuala Lumpur Sessions Court today postponed the filing of charges against former Asian International Arbitration Centre (AIAC) director N Sundra Rajoo (photo, above), pending the hearing of a judicial review to uphold his immunity from prosecution.

Sessions Court judge Azura Alwi allowed the postponement to tomorrow, after the High Court in Kuala Lumpur hears Sundra's application for leave to proceed with his judicial review.

Sundra was absent from court today to hear the charges that were supposed to be brought against him by the MACC.

"A case was filed today (for Sundra to be charged)," Sundra's lawyer K Shanmuga said after the proceedings.

"The deputy public prosecutor Kamal Bahrin Omar asked for a warrant of arrest (against Sundra), but the Sessions Court judge fixed tomorrow for the case, immediately after our judicial review (before the High Court)," Shanmuga said.

Kamal Bahrin confirmed, through a text message, that the prosecution had applied for a warrant of arrest against Sundra, which was rejected by the court.

“Sundra failed to appear. We (the prosecution) applied for a warrant of arrest, but the Sessions Court rejected it.

“The case will be re-mentioned tomorrow, after the High Court case is finished," Kamal Bahrin said.

Immunity from prosecution

In a statement yesterday, Sundra labelled the MACC's plan to charge him as a violation of international law, claiming that his post in AIAC granted him immunity from prosecution. 

"Thus, I consider that any charge against me would, therefore, be a breach of international law, and would severely jeopardise the Asian-African Legal Consultative Organisation (AALCO) and the AIAC," he said.

The AIAC is regulated by an international agreement between AALCO and the Malaysian government.

Sundra pointed out that the MACC had arrested him on Nov 20, 2018, but a seven-day remand application had been rejected due to his immunity.

"The government has publicly committed to following the rule of law. I felt that the attempts to lift my immunity contravene both the letter and the spirit not only of domestic law and international law.

"It will also breach the treaty signed by the government of Malaysia with AALCO, an international organisation in which Malaysia is a member," he said.

On March 6, Sundra filed an application with the High Court in Kuala Lumpur to reassert his immunity with regard to acts committed while serving as AIAC director.

He came under the spotlight after the MACC raided his office last year and questioned several of his staff.

He was suspected of using government funds to obtain favours from former and current ministers to extend his AIAC contract.

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

Ex-AIAC director: MACC's plan to charge me violates international law

Ex-AIAC director seeking immunity from arrest, prosecution

M'sian Fifa ethics committee member resigns following corruption probe

Lawyer: Immunity for ex-AIAC director in graft probe unconstitutional