KUALA LUMPUR: The former director of Asian International Arbitration Centre (AIAC), Datuk Prof Dr N Sundra Rajoo has failed in his application for leave to initiate a judicial review proceeding for a declaration that he is entitled for immunity from any charges during his official capacity.
High Court Judge Datuk Nordin Hassan made the decision to dismiss the application after finding the court has no jurisdiction to hear the application as it is not amenable for review.
Judge Nordin in his judgement said based on the observation by the Court of Appeal and it was agreed by Federal Court, the Attorney General has unfettered jurisdiction in criminal offences.
“This court cannot stop the AG from prosecute any person in criminal matter, so this application for judicial review is dismissed without cost,” said judge.
Today was set for hearing of the leave application to initiate judicial review proceedings.
Sundra Rajoo, 63, as the applicant, was head of AIAC from 2010 until late last year, filed a leave for judicial review proceeding at the High Court Registrar’s Office on March 4, and named the Ministry of Foreign Affairs Malaysia, AG, Malaysian Anti-Corruption Commission (MACC) and Government of Malaysia as respondents.
In his leave application, Sundra Rajoo sought a declaration that he has immunity as a former high ranking officer that is the director of AIAC (the centre) for acts done within his official capacity.
Sundra Rajoo is also seeking an order of prohibition preventing AG from laying any charge or bringing any proceedings in any court in Malaysia against him with regard to anything done by him in his capacity as director of AIAC, and more specifically with regard to any acts or omission by him during his term of office as director of the centre in relation to the property, funds or documents of the centre or otherwise howsoever in relation to the affairs of the centre.
He also sought an order of prohibition preventing the MACC from arresting, detaining, issuing any warrant or other or otherwise bringing any judicial proceedings whatsoever against him with regard to anything done by him in his capacity as director of AIAC, and more specifically with regard to any acts or omission by him during his term of office as director of the centre in relation to the property, funds or documents of the centre or otherwise howsoever in relation to the affairs of the centre.
Sundra Rajoo was represented by counsel K Shanmuga and Senior Federal Counsel S Narkunavathy acted for the respondents. – Bernama
