The Malaysian Insight

THE government has started taking steps to waive the immunity claimed by the former director of the Asian International Arbitration Centre (AIAC), a sign that the authorities are upping the ante against Professor Dr Sundra Rajoo.

Rajoo resigned from the position he held for nine years at the arbitration centre earlier this month after the Malaysian Anti-Corruption Commission (MACC) began investigating a battery of allegations against him, including the use of public funds to influence ministers to get his contract extended. 

The probe and chain of events that followed was prompted by an anonymous letter addressed to the MACC, Attorney-General Tommy Thomas, Inspector-General of Police Mohamad Fuzi Harun, Foreign Minister Saifuddin Abdullah, Bar Council president George Varughese and senior government officials. 

Rajoo was arrested by the MACC but released after magistrate Khir Nizam agreed with defence lawyers and ruled that the enforcement agency had no jurisdiction to detain him as he was protected under the International Organisations (Privileges and Immunities) Act 1992. 

Rajoo’s lawyer said his client enjoyed diplomatic privileges and was not liable for any form of arrest. 

The Malaysian Bar urged Putrajaya to waive the immunity and privileges granted to Rajoo to enable an investigation into allegations of wrongdoing and to give those implicated a chance to clear their names.

Varughese had said such a move would be in line with the new Pakatan Harapan government’s emphasis on upholding the rule of law.

The Malaysian Insight understands that the Mahathir administration believes that the immunity is only applicable to foreign nationals and not Malaysian citizens working in their own country.

Lawyers were left surprised when news broke that Rajoo was claiming immunity from arrest under the International Organisations Act, noting that no Malaysians are afforded immunity from the law in Malaysia, not even the king or sultans.

Under the law, the royalty can be brought before a special court.

Usually, immunity granted under the International Organisations Act is given to foreign nationals working for an organisations in a third country. For example, if there are foreigners engaged by the AIAC, they may enjoy immunity from arrest.

The Malaysian Insight has contacted Rajoo’s lawyer, Cheong Wee, and is waiting for his response on whether they will challenge Putrajaya’s move to waive the immunity.

Several influential past and current decision-makers were named in the detailed anonymous letter. They, too, can expect a visit from the MACC as enforcement officials delve further into the allegations made against Rajoo.

The AIAC is an organisation under the umbrella of the Asian African Legal Consultative Organisation. Its role is to assist in resolving cross-border disputes and to counsel companies, senior management and stakeholders through international arbitration.

Rajoo had also resigned from the FIFA ethics committee after the world football body suspended him following reports of the MACC’s investigation.

His resignation as deputy chairman of the panel’s adjudicatory chamber is effective immediately, FIFA said in a statement yesterday, which provided no further details.

Rajoo could not be reached for comment. – November 30, 2018.