KUALA LUMPUR: The three criminal breach of trust (CBT) charges against former Asian International Arbitration Centre (AIAC) director Datuk Dr N. Sundra Rajoo were quashed by the Sessions Court, here, today.
In striking out the charges, Judge Azura Alwi said she was bound by a High Court decision on Dec 31 which ruled that Sundra Rajoo enjoys immunity as a former high-ranking officer of AIAC from prosecution for acts done in his official capacity.
“The bail money (of RM100,000) is to be refunded and his (Sundra Rajoo) passport to be returned,” the judge said.
She also dismissed the prosecution’s request for further case management to be fixed pending the government’s appeal at the Court of Appeal.
Deputy public prosecutor Mohd Zaki Mohd Salleh earlier asked the court to fix another date saying that the High Court’s decision was wrong and illegal, adding that an appeal against the decision has been filed.
Meawhile, Sundra Rajoo's lawyer Datuk Baljit Singh Sidhu submitted that the Sessions Court was bound to abide by the High Court's decision and that the charges against his client should be quashed.
“If the High Court’s order is not followed, it will constitute contempt,” he said.
On Dec 31, last year, High Court judge Datuk Seri Mariana Yahya allowed Sundra Rajoo’s judicial review application over his entitlement for immunity from any charges.
In allowing the application, Mariana ruled that since Sundra Rajoo was 'conferred by law', he has immunity from being sued and from other legal processes under Part II of the Second Schedule of the International Organisations (Privileges and Immunities) Act 1992 (Act 485).
As such, the court ruled that the three charges framed against Sundra Rajoo null and void.
Sundra Rajoo, 64, who was the head of AIAC from 2010 until late last year, in his judicial review sought a declaration that he has immune as a former high-ranking officer of AIAC for acts done in his official capacity.
He named the Ministry of Foreign Affairs, the Attorney-General (AG), the Malaysian Anti-Corruption Commission (MACC) and the government as respondents in his application.
He also sought an order of prohibition preventing the AG from laying any charges 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.
He also sought an order of prohibition preventing the MACC from arresting, detaining, issuing any warrant or bringing any judicial proceedings against him with regard to anything done by him in his capacity as director of AIAC.
On March 26, last year, Sundra Rajoo was charged at the Sessions Court here with three counts of CBT of AIAC funds amounting to more than RM1 million.