No immunity for regional arbitration directors before Sundra: Ex-AG
The alleged legal immunity for Asian International Arbitration Centre (AIAC) directors only came about a year after Sundra Rajoo took its reins in 2010, claimed former attorney-general Tommy Thomas.
In an affidavit in support of his application to strike out Sundra’s wrongful prosecution suit, the ex-attorney-general pointed out that AIAC directors before the former (Sundra) did not enjoy any such purported legal immunity.
Previously in an earlier affidavit backing the striking out bid, Thomas disputed Sundra’s contention of having legal immunity from criminal proceedings in relation to three criminal breach of trust (CBT) charges involving RM1.01 million of AIAC’s funds.
The alleged legal immunity for Asian International Arbitration Centre (AIAC) directors only came about a year after Sundra Rajoo took its reins in 2010, claimed former attorney-general Tommy Thomas.
In an affidavit in support of his application to strike out Sundra’s wrongful prosecution suit, the ex-attorney-general pointed out that AIAC directors before the former (Sundra) did not enjoy any such purported legal immunity.
Previously in an earlier affidavit backing the striking out bid, Thomas disputed Sundra’s contention of having legal immunity from criminal proceedings in relation to three criminal breach of trust (CBT) charges involving RM1.01 million of AIAC’s funds.
In that earlier affidavit, Thomas contended that any such legal immunity would have put Sundra not only above more than 30 million Malaysians but also above the nine Sultans in the country.
In the present affidavit filed today and sighted by Malaysiakini, Thomas contended that the novelty of Sundra’s alleged legal immunity was seen shortly after the latter was appointed AIAC director, via the coming into effect of the Kuala Lumpur Regional Centre for Arbitration (Privileges and Immunities)(Amendment) Regulations 2011.
Before it morphed into AIAC, the body was known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA).
The former top government lawyer claimed that the said regulations amended the Kuala Lumpur Regional Centre for Arbitration (Privileges and Immunities) Regulations 1996 to insert the purported legal immunity.
Thomas claimed that prior to 2010, the then-existing agreement between the Malaysian government and AALCO provided no such protection.
“From the establishment of the KLRCA in 1978 until 2011, its previous directors, such as Solicitor-General Zakaria Yatim, Tan Sri Lim Phaik Gan (PG Lim) and Syed Ahmad Idid, who were all citizens of Malaysia, carried out their duties as directors without any protection of immunity.
“That previous directors could operate without personal immunity, called into question the necessity of such immunity, which only came about under the plaintiff’s tenure as director.
“Only the plaintiff’s position was protected by immunity under the amendments made during his tenure, while other Malaysian members of the AIAC did not,” Thomas claimed.
On Oct 15, Sundra Rajoo filed a lawsuit against Thomas, the government, and 11 other defendants, alleging that he suffered false imprisonment and malicious prosecution, among other claims.
Earlier on Sept 8, lawyers for the former AIAC director issued a letter of demand to Thomas and eight MACC officials to issue a written apology and pay RM10 million over purported misfeasance of public office and malicious prosecution.
On April 30 this year, the Federal Court ruled that Sundra Rajoo is entitled to immunity from prosecution for alleged acts committed while in office.
As far back as March 11, 2019, Sundra Rajoo had gone to the High Court in Kuala Lumpur to uphold his immunity from arrest and prosecution for alleged offences committed while in office.
Over two weeks later, on March 26, he was again hauled up before the Sessions Court in Kuala Lumpur, where he claimed trial to three charges of criminal breach of trust involving RM1,011,367.50.
Thomas was then the attorney-general during the then Pakatan Harapan administration.
However, in January last year, the Sessions Court quashed the criminal case against Sundra Rajoo.
