Sundra Rajoo's legal immunity battle goes back to High Court
The former director of the Asian International Arbitration Centre (AIAC), N Sundra Rajoo (above), today succeeded in his bid for a judicial review on whether his former position confers him legal immunity.
In a unanimous decision, a three-member Court of Appeal panel led by Justice Abdul Rahman Sebli set aside an earlier ruling by the Kuala Lumpur High Court, which in March had rejected Sundra Rajoo's leave application for the judicial review.
The former director of the Asian International Arbitration Centre (AIAC), N Sundra Rajoo (above), today succeeded in his bid for a judicial review on whether his former position confers him legal immunity.
In a unanimous decision, a three-member Court of Appeal panel led by Justice Abdul Rahman Sebli set aside an earlier ruling by the Kuala Lumpur High Court, which in March had rejected Sundra's leave application for the judicial review.
The judges also ordered for the case to be heard by another High Court judge.
"We are of the unanimous view that this is a suitable case for appellate review," said Abdul Rahman, when reading the panel's written judgment.
"The questions raised in the application require mature consideration and deliberation, and a substantive hearing of a judicial review proceeding."
The panel made their decision after hearing arguments from senior federal counsel S Narkunavathy, and counsels representing Sundra led by K Shanmuga.
Sundra had filed for leave for a judicial review to uphold his immunity, claiming that he was protected from prosecution with regard to his acts when in the AIAC in an official capacity.
The application came after he was arrested by MACC last year on suspicion of using government funds to obtain favours from former and current ministers to extend his AIAC contract.
However, his application was denied by the High Court judge Nordin Hassan on March 26.
The judge ruled that the court does not have the power to prevent the attorney-general from pressing charges against anyone.
Subsequently, on the same day, Sundra was slapped with three charges of criminal breach of trust involving RM1,011,367.50 at the Kuala Lumpur Sessions Court.
He claimed trial to all the charges.
Sundra, 63, had led the AIAC and its predecessor, the Kuala Lumpur Regional Centre for Arbitration, for nine years.
The AIAC is a non-profit international arbitral institution supported by the federal government.
Following his arrest by MACC last year, Sundra resigned from his position, purportedly to protect the organisation's reputation.
Following this, there has been a legal battle over his entitlement to legal immunity for matters concerning his time in office, as he argued that he was then considered a diplomat.
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