FORMER Asian International Arbitration Centre (AIAC) chief N. Sundra Rajoo is seeking RM10 million and a written apology from former attorney-general Tommy Thomas, anti-graft officials and the government of Malaysia for false imprisonment and malicious prosecution.

If both these demands are not met or if a reasonable counter offer is not made, he will begin civil action, his lawyers cautioned in a letter of demand sighted by The Malaysian Insight.

It is learnt that the parties named in the letter are unlikely to accede to Sundra’s demands, setting the stage for a combative court hearing where the defendants will have to produce details of their probe into the former chief of the arbitration centre for alleged criminal breach of trust.

At the core of Sundra’s grievance against Thomas, former Malaysian Anti-Corruption Commission chief Shukri Abdull and others named in his letter of demand is that as director of the AIAC, he enjoyed full immunity from prosecution.

He said as he was being detained by MACC officers on November 11, 2018, he had nformed the officers that he had immunity from arrest and detention as a high officer of the AIAC.

But he was held overnight by the MACC and brought before a magistrate to seek a seven-day remand order, unsuccessfully.

In the letter of demand, Sundra also said he was forced to resign as director of the AIAC because of intimidation from Thomas.

In December 2019, the high court ruled that Sundra enjoyed immunity from criminal proceedings. The decision was affirmed by the Federal Court.

Sundra’s lawyers said the conduct of the former AG, former MACC chief and others named in the letter of demand “in arresting, detaining and taking purported steps” to investigate their client caused him tremendous injury and loss of reputation and income.

Lawyers said that while Sundra enjoys immunity from criminal proceedings and did not have to face a criminal trial, there is no bar from relevant evidence or information surrounding the MACC probe from being raised in a civil case, especially when the government has to defend itself from the accusation of malicious prosecution. – September 9, 2021.