SUNDRA Rajoo claimed trial today to three counts of criminal breach of trust involving at least RM1 million while he was Asian International Arbitration Centre director in 2016-2017.

“I do not waive my immunity and I plead not guilty,” a black-suited Sundra told the Kuala Lumpur Sessions Court today.

Sundra, who appeared calm, was represented by lead counsel Baljit Singh Sidhu.

Justice Azura Alwi granted bail of RM100,000 in bail with one surety over the objection of Baljit, who wanted bail at RM50,000.

She also order Sundra to surrender his passport when he returns from a work trip next Tuesday.

Baljit said his client had cooperated with enforcement authorities since November, when Sundra was remanded for questioning by the Malaysian Anti-Corruption Commission.

Deputy public prosecutor Kamal Baharin Omar argued that Sundra had not been cooperative as he had turned off his phone and was unreachable in recent days.

Azura set the case for mention on May 3.

Earlier this morning, the Kuala Lumpur High Court (appellate and special powers division) ruled that Sundra does not enjoy immunity from prosecution.

High Court Judge Nordin Hassan also dismissed a judicial review application relating to an anonymous letter that was sent to key government officials claiming Sundra had bribed ministers to keep his position.

Nordin dismissed the application for leave, ruling that the court has no jurisdiction to look into the legality of the attorney-general’s constitutional powers of prosecution.

Sundra’s lawyer K. Shanmuga had argued that Sundra’s case was unique and that it was neither in the attorney-general’s power nor jurisdiction to prosecute Sundra, who had immunity.

Prosecutors had also applied for a revision of Azura’s decision yesterday to not issue an arrest warrant for Sundra.

Sundra was today accused of committing criminal breach of trust in respect of RM89,700 between December 8, 2016 and June 30, 2017; RM621,172.50 between March 1, 2017 and December 29, 2017; and RM300,495 between January 24, 2018 and August 18, 2018.

The offence is punishable by up to 20 years in jail and a fine, under Section 409 of the Penal Code.

Sundra left the court without speaking to the media. 

He had claimed immunity from arrest or prosecution for his actions during his time as the AIAC director, following his arrest and questioning last November.

Sundra was arrested by the MACC on November 21 over allegations that he used public funds to influence ministers for his contract to be extended. 

He was  released after the Putrajaya magistrate’s court ruled that the enforcement agency had no jurisdiction to detain him as he was protected under the International Organisations (Privileges and Immunities) Act 1992. 

Sundra resigned from the position he had held at the arbitration centre for nine years the following day.

Investigations were prompted by an anonymous letter addressed to the MACC, Attorney-General Tommy Thomas, Inspector-General of Police Mohamad Fuzi Harun, Foreign Minister Saifuddin Abdullah, Bar Council president George Varughese and senior government officials.
 
The Malaysian Bar had urged Putrajaya to waive immunity and privileges granted to Sundra to enable  investigation into allegations of wrongdoing as well as to give those implicated a chance to clear their name.
 
The AIAC is an organisation under the umbrella of the Asian African Legal Consultative Organisation. Its role is to assist in resolving cross-border disputes and to counsel companies, senior management and stakeholders through international arbitration.

Sundra had also resigned as the deputy chairman of FIFA ethics committee’s adjudicatory chamber, after he was suspended over the bribery investigation. – March 26, 2019.