High Court to hear judicial review application for Sundra Rajoo's immunity issue on Oct 15

KUALA LUMPUR (Bernama): The High Court here has fixed Oct 15 to hear judicial review application by former director of Asian International Arbitration Centre (AIAC), Datuk Dr N. Sundra Rajoo, to challenge his entitlement for immunity from any charges.

Judge Mariana Yahya set the date on Wednesday (Aug 21) after case management in her chambers in the presence of counsel K. Shanmuga who represented Sundra Rajoo, and Federal Counsel M. Kogilambigai who acted for the Foreign Ministry, Attorney General (AG), Malaysian Anti-Corruption Commission (MACC), and the Government of Malaysia as respondents.

Shanmuga told reporters that the court also allowed Sundra Rajoo's application to amend a statement to include additional grounds to support his judicial review application.

"The Attorney General's Chambers didn't object (to the amendment), so the statement was amended. We just added some more grounds," he said.

On May 23, the Court of Appeal granted leave to Sundra Rajoo to commence a judicial review proceeding to challenge his entitlement for immunity from any charges.

Justice Abdul Rahman Sebli, who chaired a three-man bench, made the ruling after allowing Sundra Rajoo's appeal against the High Court's decision on March 26 to dismiss his application for leave for judicial review over his entitlement for immunity from any charges.

The panel held the unanimous view that this was a suitable case for the appellate court to review and ordered the case to be heard before another High Court judge.

Sundra Rajoo, 63, who was the head of AIAC from 2010 until late last year, filed a leave for judicial review proceeding at the High Court Registrar's Office on March 4, seeking a declaration that he has an immunity as a former high-ranking officer of AIAC for acts done within his official capacity.

He is also seeking an order of prohibition preventing the AG from laying any charge 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, and more specifically with 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.

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, and more specifically with 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. – Bernama