PROFESSOR Dr N. Sundra Rajoo can argue at the high court whether he is entitled to immunity from charges in his capacity as the then Asian International Arbitration Centre (AIAC) director.

He was granted leave by the Court of Appeal today to commence judicial review proceedings on the matter.

Allowing Sundra Rajoo’s appeal, justice Abdul Rahman Sebli, who chaired a three-man bench, said the panel is of the unanimous view that it is a suitable case for the appellate court’s review.

“We agree with the appellant’s submissions that the learned judge has fallen into error in prematurely going into the merit of the case,” said Rahman, who presided over the appeal with justices Hasnah Mohammed Hashim and Kamaludin Md Said.

He said the questions raised in the judicial review application require mature consideration and deliberation at a substantive hearing of judicial review proceedings.

“In the circumstances, the appeal is allowed. The high court decision is set aside. Leave is granted,” he said, and ordered the case to be mentioned before another high court judge on May 29.

Sundra Rajoo, who was present in court, is appealing against the March 26 Kuala Lumpur High Court decision to dismiss his leave for a judicial review over his entitlement to immunity from any charges.

In the application, he named the Foreign Ministry, attorney-general, Malaysian Anti-Corruption Commission and government as respondents.

Earlier, counsel K. Shanmuga, representing Sundra Rajoo, submitted that the appellate court should allow the appeal for his client to argue on the merit of the case at the high court.

“This is the perfect case to argue. It is a proper and fit case that should (get) a full hearing,” he said, adding that the high court judge had erred when dismissing Sundra Rajoo’s leave application.

Senior federal counsel S. Narkunavathy, acting for the respondents, said the case is not an arguable one requiring a full hearing.

She added that no one is stopping the appellant from raising the matter.

On March 4, Sundra Rajoo, 63, who headed AIAC from 2010 until late last year, filed for leave for a judicial review at the high court registrar’s office, seeking a declaration that he has immunity, as a former high-ranking officer of AIAC, for acts conducted in his official capacity.

He is seeking an order of prohibition preventing the attorney-general from laying any charges or bringing any proceedings in any court against him with regard to acts done in his capacity as the then AIAC director, and more specifically, with regard to acts or omissions by him during his term in relation to the centre’s property, funds, documents and other matters.

He is also seeking an order of prohibition preventing MACC from arresting, detaining, issuing warrants or bringing any judicial proceedings against him with regard to acts conducted in his capacity as the then AIAC chief.

On March 26, Sundra Rajoo pleaded not guilty at the Kuala Lumpur Sessions Court to three charges of criminal breach of trust involving AIAC funds amounting to more than RM1 million three years ago. – Bernama, May 23, 2019.