KUALA LUMPUR: Former Asian International Arbitration Centre (AIAC) director Datuk Dr N. Sundra Rajoo succeeded in his claim that he was entitled to immunity from prosecution.
The High Court today allowed his judicial review application. The decision by Datuk Seri Mariana Yahya means that Sundra Rajoo enjoys immunity as a former high-ranking officer of AIAC from prosecution for acts done in his official capacity.
In allowing the application, Mariana ruled that since Sundra Rajoo was 'conferred by law', he has immunity from being sued and from other legal processes under Part II of the Second Schedule of the International Organisations (Privileges and Immunities) Act 1992 (Act 485).
She said the 'other legal processes' included civil and criminal proceedings.
“Based on the facts of this case, the court is of the view that the applicant (Sundra Rajoo) was a director of AIAC and is now a former high ranking officer of the AIAC.
“He is conferred by law and has immunity from being sued and from other legal process in respect of acts and things done in his capacity as such officer as provided under Part II of the Second Schedule of Act 485.
“The public prosecutor’s decision to charge the applicant (Sundra Rajoo) contravened Act 485,” she said, ordering no costs.
As such, the judge quashed the three criminal breach of trust (CBT) charges involving RM1 million framed against the applicant ruling that it was null and void.
On May 23, the Court of Appeal granted leave to Sundra Rajoo to commence judicial review proceedings against the Ministry of Foreign Affairs, Attorney-General (AG), the Malaysian Anti-Corruption Commission (MACC) and the government over his entitlement for immunity from any charges.
Sundra Rajoo, 63, who was the head of AIAC from 2010 until late last year, in his judicial review sought a declaration that he has immune as a former high-ranking officer of AIAC for acts done in his official capacity.
He also sought 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 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 bringing any judicial proceedings against him with regard to anything done by him in his capacity as director of AIAC.
On March 26, Sundra Rajoo was charged at the Sessions Court here with three counts of CBT of AIAC funds amounting to more than RM1 million, three years ago.