Crime & Courts

Hearing on Sundra Rajoo's immunity challenge to proceed on Nov 20

KUALA LUMPUR: The judicial review hearing of former Asian International Arbitration Centre (AIAC), director Datuk Dr N. Sundra Rajoo, who is challenging his entitlement for immunity from any charges, will proceed on Nov 20.

This was after the High Court dismissed an application by the Foreign Ministry, Attorney General (AG), Malaysian Anti-Corruption Commission (MACC) and the Government as respondents in the legal action to stay the hearing.

High Court judge Datuk Seri Mariana Yahya in her decision ruled that there were no special circumstances for the proceedings to be postponed.

This was informed by counsel Datuk Abdul Shukor Ahmad who represented Sundra Rajoo after the matter came up in chambers today.

He said the respondents had filed the application for a stay of the judicial review hearing pending a leave application they filed at the Federal Court.

“So, the judge said the hearing will proceed on Nov 20 as scheduled,” he said.

On May 23, the Court of Appeal granted leave to Sundra Rajoo to commence judicial review proceedings.

This was after allowing his appeal to overturn a High Court's decision which dismissed his leave application for judicial review over his entitlement for immunity from any charges.

Sundra Rajoo, 63, who was the head of AIAC from 2010 until late last year, filed a leave for judicial review proceedings on March 4. He sought a declaration that he has immunity as a former high-ranking officer of AIAC for acts done in his official capacity.

He is also seeking an order of prohibition preventing the AG from laying any charges or bringing any proceedings in any court in Malaysia against him with regard to anything done by him in his capacity as director of AIAC.

This was more specifically to any act or omission by him during his term of office as director of the centre in relation to the property, funds or documents of the centre or otherwise howsoever in relation to the affairs of the centre.

He also sought an order of prohibition preventing the MACC from arresting, detaining, issuing any warrant or other or otherwise bringing any judicial proceedings whatsoever against him with regard to anything done by him in his capacity as director of AIAC.

This was in regard to any act or omission by him during his term of office as director of the centre in relation to the property, funds or documents of the centre or otherwise howsoever in relation to the affairs of the centre.

On March 26, Sundra Rajoo pleaded not guilty at the Kuala Lumpur Sessions Court on three charges of criminal breach of trust (CBT) with AIAC funds amounting to more than RM1mil three years ago.

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