Court sets June 13 to hear Thomas' appeal to quash Sundra Rajoo's suit

KUALA LUMPUR: The appeals by former attorney general Tan Sri Tommy Thomas and 12 others to quash a lawsuit filed against them by the former Asian International Arbitration Centre (AIAC) director, Datuk Prof Dr N. Sundra Rajoo, for wrongful arrest and prosecution, will be heard by the Court of Appeal on June 13.

This was informed by Thomas’ counsel, Alan Gomez, before High Court Judge Datuk Ahmad Bache during case management of the suit which was held via online proceedings.

Subsequently, Gomez requested the court to grant a stay of proceedings of the suit pending the outcome of the appeal.

Sundra Rajoo’s counsel Surendra Ananth did not object to it and the court set July 4 for case management.

Besides Thomas, the other defendants are former Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Mohamad Shukri Abdull, and MACC officers and deputy public prosecutors, namely Khong Hui Li; Mohd Adrian Zaiman Zainiar; Md Yusrin Md Yusof; Mohd Fadhly Mohd Zamry; T. Nesavan; Mr. Sharan Raj; Hasmizzy Md Hasim; Kamal Baharin Omar and Mohd Zaki Mohd Salleh, as well as the commission and the Malaysian Government.

They are appealing against the High Court’s decision on July 21 last year in dismissing their applications to strike out Sundra Rajoo’s suit.

In the 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.

Apart from that, Sundra Rajoo claimed that he was remanded and removed from his position as AIAC director. As a result of the detention, he claimed he was ridiculed and his reputation affected.

He is seeking special damages amounting to RM3,749,557.26, aggravated and exemplary damages, as well as other relief deemed fit by the court.- Bernama