KUALA LUMPUR: The Court of Appeal has fixed June 13 to hear the appeal of former attorney-general Tan Sri Tommy Thomas and 12 others to dismiss a RM3.75 million malicious prosecution suit against them by former Asian International Arbitration Centre (AIAC) director Datuk N. Sundra Rajoo.
Lawyer A. Surendra for the plaintiff said the hearing of the case before High Court judge Datuk Ahmad Bache then would be adjourned until the disposal of the appeal.
The hearing was slated to go for full trial after the same court dismissed the defendants' application to quash Sundra Rajoo's suit in July last year.
The other defendants are former Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Mohamad Shukri Abdull, MACC officers and deputy public prosecutors, namely Khong Hui Li; Mohd Adrian Zaiman Zainiar; Md Yusrin Md Yusof; Mohd Fadhly Mohd Zamry; T. Nesavan; Sharan Raj; Hasmizzy Md Hasim; Kamal Baharin Omar and Mohd Zaki Mohd Salleh, as well as the commission and the Malaysian government.
The defendants filed the striking out application on Nov 5, 2021, on grounds that the suit was unreasonable, frivolous, and an abuse of the court process.
However, Ahmad in his judgment said the lawsuit was not a fit and proper case to be struck out as it was not a straightforward case, considering the narrative of facts in the statement of claim exceeded more than one page.
Sundra Rajoo had filed the suit in October last year, claiming the defendants of committing misfeasance in public office and malicious prosecution and false imprisonment.
In his statement of claim, Sundra Rajoo stated that on the order of Mohamad Shukri and Thomas, MACC officers Mohd Adrian and Md Yusrin had wrongfully detained him from 8pm on Nov 20, 2018 to 5pm the following day at the Kuala Lumpur International Airport.
He claimed that his detention was a violation of Article 5(1) of the Federal Constitution.
Sundra Rajoo contended that Mohd Adrian and Md Yusrin detained him even though he told them that he had been granted privileges and immunity of a diplomatic agent in his capacity as then AIAC director.
Following which, Sundra Rajoo claimed that he was remanded and removed from his position as AIAC director.