FORMER Asian International Arbitration Centre director Sundra Rajoo was absent today from court where he is to be slapped with three criminal charges.

Deputy public prosecutor Kamal Baharin Omar did not read out the charges in the Kuala Lumpur Sessions Court, and applied for an arrest warrant to be issued for Sundra.

Lawyer K. Shanmuga, who appeared as amicus curiae, or a lawyer who is not party to any action, told Sessions Judge Azura Alwi that a warrant would not be valid as Sundra has diplomatic immunity.

“Unless the court decides that he does not enjoy immunity, all arrest warrants are illegal,” Shanmuga said, adding they would apply to stay the warrant pending the High Court’s decision on the matter.

Shanmuga will represent Sundra in high court tomorrow.

Azura agreed not to issue the warrant and that the court would await the high court’s ruling tomorrow.

Kamal declined to reveal what were the criminal charges against Sundra.

Sundra is claiming immunity from arrest or prosecution for his actions during his time as the AIAC director, following his arrest and questioning last November by the Malaysian Anti-Corruption Commission over suspected corruption.

Sundra said he had diplomatic immunity as the AIAC director, which was similar to the role of an ambassador or a high commissioner, according to the laws and regulations governing his appointment.

Shanmuga earlier told the court that Sundra had only learnt on Saturday of the attorney-general’s intention to charge him today.

Sundra resigned as AIAC director following damning allegations against him in an anonymous letter that was sent to ministers, the inspector-general of police and the attorney-general, among others.

The letter alleged that he had used the centre’s funds to ensure the ministers extended his contract.

Azura admonished Sundra for his absence today, even though he had been given only 24 hours’ notice to appear before the court,  

“He should have been present. He cannot just ignore (attempts to give him notice). He should come and tell the court.”

Shanmuga said Sundra has cooperated with the MACC when he was previously questioned and maintained that the AIAC is an international organisation and a public body under the MACC Act. 

Tomorrow, the Kuala Lumpur High Court will hear Sundra’s judicial review application naming the foreign minister, the attorney-general, the MACC and the government as respondents. Sundra is seeking an order stopping the attorney-general from laying charges against him; an order prohibiting MACC from detaining him or bringing judicial proceedings against him; and a declaration that  his immunity cannot be revoked. – March 25, 2019.