Ex-arbitration centre chief has immunity, rules court

Ragananthini Vethasalam Ragananthini Vethasalam Updated 6 years ago · Published on 31 Dec 2019 12:55PM · 5 Comments

Former Asian International Arbitration Centre director N. Sundra Rajoo at the KL High Court today where it is ruled that he can’t face charges in his capacity as an ex-high officer. – The Malaysian Insight pic by Nazir Sufari, December 31, 2019.

THE Kuala Lumpur High Court today ruled in favour of former Asian International Arbitration Centre (AIAC) director N. Sundra Rajoo for immunity against prosecution on acts committed while in office.

Judge Mariana Yahaya ruled that Sundra, in his capacity as a former high officer of AIAC, has immunity against suits and other legal process, including civil and criminal proceedings.

As such, the public prosecutor’s three charges of criminal breach of trust against him are quashed, the judge said.

“The applicant is immune from any legal process and the criminal action taken against him by the respondent is contravened with Act 485 and is, therefore, void and unlawful and should be quashed.”

Act 485 refers to the International Organisations (Privileges and Immunities) Act 1992.

Sundra was the head of the AIAC formerly known as the Kuala Lumpur Centre for Regional Arbitration since 2010 until late last year.

In March this year, he pleaded not guilty to three count of criminal breach of trust amounting to RM1 million. The offences were allegedly committed at the AIAC premises in Kuala Lumpur between August 17 and December 8 last year.

He then sought a declaration that he is entitled to immunity from prosecution for acts and omissions while in office.

“The court is of the view that the director was an applicant of AIAC and now a former higher officer of the AIAC. 

“Secondly, the applicant is conferred by law immunity from suit and from other legal process in respect of acts and things done in his capacity as such officer, as provided under part two of the second schedule of Act 485,” said the judge.

She also allowed judicial review of the charges against Sundra, adding that the attorney-general’s powers to prosecute are not unlimited.

The court also issued an order of prohibition on the Sessions Court where Sundra was charged from proceeding with the case and any other proceeding for acts committed during his term at the AIAC.

Sundra’s lawyers have argued that his immunity cannot be waived under the International Organisations (Privileges and Immunities) Act, and that neither a current acting director nor any officer from the arbitration centre can strip him of this protection.

Lawyer K. Shanmuga appeared for Sundra, while senior federal counsel S. Narkunavathy represented Attorney-General Tommy Thomas, the Malaysian Anti-Corruption Commission (MACC) and foreign affairs minister.

Shanmuga said the court’s decision today will be brought to the attention of the Sessions Court during case mention for the criminal charges on January 21. – December 31, 2019.

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Comments

  • Wow! Immunity even for CBT? Sounds absurd.

    Posted 6 years ago by CS Lee · Reply

  • Judgement will be squashed by the higher court soon. How on earth CBT or criminal matter can be put under immunity?

    Posted 6 years ago by Penganalisa L · Reply

  • So meaning... there are those who are above the law.

    Posted 6 years ago by Mo Salleh · Reply

  • What a disgrace to the human race.

    Posted 6 years ago by Teruna Kelana · Reply

  • Absolutely rubbish! Did this Judge come from the Kangkong University? So if CBT is one of the offences that attracts immunity, what about manslaughter,murder,robbery....what nonsense. If I was a superior Judge, I will call up the case and reverse this stupid decision. This is contrary to public policy that there can be no prosecution because of immunity ( which was for something else-not an illegal act).

    Posted 6 years ago by Horace Rumpole-Tan · Reply