THE Court of Appeal today overturned a high court ruling that former Asian International Arbitration Centre (AIAC) director Prof Dr N. Sundra Rajoo is entitled to immunity from prosecution for acts committed while in office.

A three-member panel led by justice Hanipah Farikullah held that the proper forum to determine Sundra Rajoo’s immunity is the criminal court, and not the civil court.

She said the remedy on whether he is immune from prosecution should be tested in the criminal court after evidence has been presented by the prosecution.

Hanipah, who presided alongside Court of Appeal judge Hadhariah Syed Ismail and high court judge Che Mohd Ruzima Ghazali, said Sundra Rajoo can then defend himself properly in criminal proceedings on whether the alleged offence he has been charged with was committed in his personal capacity or as a high officer.

She allowed the appeal brought by the Foreign Ministry, Malaysian Anti-Corruption Commission, government and attorney-general to set aside the high court’s decision on December 31 last year allowing Sundra Rajoo’s judicial review.

Sundra Rajoo’s counsel, K. Shanmuga, applied for a stay of today’s decision pending the filing of leave to appeal at the Federal Court, but Hanipah told him to file a formal application.

Senior federal counsel S. Narkunavathy, appearing for the appellants, said there are no criminal charges pending against Sundra Rajoo at the sessions court.

The Kuala Lumpur High Court last year allowed Sundra Rajoo’s judicial review and granted him a declaration that as a former high-ranking officer at AIAC, he is immune from prosecution.

Sundra Rajoo, who headed the centre from 2010 to 2018, filed an application to seek leave to commence judicial review proceedings, but the high court in March last year dismissed the bid.

The Court of Appeal, on May 23 last year, allowed his appeal and granted him leave to commence the judicial review.

Following the appellate court’s decision, the case was remitted to the high court to hear the said review.

On January 22, sessions court judge Azura Alwi struck out three criminal breach of trust charges, involving AIAC funds amounting to more than RM1 million, against Sundra Rajoo after ruling that she is bound by the high court decision that he is entitled to immunity from prosecution for acts done in his official capacity.

On June 15, the appellants withdrew their application at the Federal Court to seek leave to appeal against the Court of Appeal’s decision to grant Sundra Rajoo leave to commence the judicial review. – Bernama, June 25, 2020.