The Malaysian Insight

PROFESSOR Dr Sundra Rajoo wants a free pass from arrest or prosecution for all acts done during his years as the director of the Asian International Arbitration Centre (AIAC).

He said by virtue of certain laws and regulations that underpinned his appointment as the director of the centre, he enjoys the same immunity of an ambassador or high commissioner of a country.

This immunity could not be revoked unilaterally by the government, he said in a filing sighted by The Malaysian Insight.

The document is part of a judicial review at the high court that he is seeking. He has named the minister of foreign affairs, attorney-general, Malaysian Anti-Corruption Commission and the government of Malaysia as respondents in the court action and has gone for the jugular in trying to claim immunity – the shield that separates him from a series of possible charges of wrongdoings at the AIAC.

Sundra resigned from the prestigious position in November following damning allegations in an anonymous letter sent to a host of individuals, including several ministers, inspector-general of police and attorney-general.

Among other things, the letter alleged that Sundra had used centre funds to ensure ministers extended his contract at the centre.

Upon his return from official business in late November, he was arrested by MACC officials and questioned. 

At the outset, he claimed immunity from any action with regard to acts done as a director. The government’s position has been that the immunity would be revoked so that a thorough probe into the alleged offences can be carried out.

This move would also serve Sundra’s interest because an investigation may also clear him of the offences he is alleged to have committed.

In the statement seeking a judicial review, Sundra said that he quit as director of the AIAC under duress.

He is seeking from the high court:

* an order stopping the A-G from laying any charge against him;

* an order prohibiting the MACC from detaining him or bringing any judicial proceeding against him; and,

* a declaration that on a proper reading of the law, his immunity cannot be revoked. 

Sundra also challenged any move by Vinayak Pradhan, the acting director of the AIAC, to waive his immunity, saying that there is a real danger of bias in the latter pursuing such a course of action.

His basis for saying so: Vinayak and he have had a long and chequered history of dealings. Vinayak was a senior partner in one of the country’s top law firms and has chiselled an impressive reputation in arbitration.

He was tapped by A-G Tommy Thomas to become the acting director of the AIAC following Sundra’s resignation. 

The decision to seek a declaration that Sundra is immune from detention and prosecution will surprise legal experts who argue that no Malaysian citizen enjoys immunity from the law, not even the Agong or sultans.

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

Perhaps more surprising is that this course of action of claiming immunity will prevent Sundra of being cleared of wrongdoing by the MACC or any other government agency. Instead, there will be an asterisk next to his name forever.

As the Bar Council said when supporting the move by the government to waive Sundra’s immunity and privileges, a thorough probe can also vindicate the person under the spotlight. – March 11, 2019.