Ex-AIAC director claims criminal charges against him are unlawful

01-Apr-2019 Intellasia | Malay Mail | 6:00 AM Print This Post

Former Asian International Arbitration Centre (AIAC) director Datuk Sundra Rajoo has today asserted that the criminal charges brought against him are in breach of Malaysia’s laws as well as the AsianAfrican Legal Consultative Organisation (AALCO) agreement.

He explained that AIAC and its director have certain immunities and privileges pursuant to the International Organisations (Privileges and Immunities) Act 1992 (Act 485) and the Kuala Lumpur Regional Centre for Arbitration (Privileges and Immunities) Regulations 1996.

“Despite this, the Prosecution insisted on continuing with the charges against me.

“I contend that they have therefore breached Malaysian law, and the international agreement with AALCO, and am considering my avenues for relief,” he said in a statement, adding that he had also been detained overnight by the Malaysian Anti-Corruption Commission last November.

He also pointed out that on AALCO secretary-general had officially written to the Foreign minister giving a reasoned rejection of the government’s request for a waiver of his immunity.

Sundra was charged last Tuesday on three counts of criminal breach of trust involving over RM1 million of AIAC funds.

All three charges were brought under Section 409 of the Penal Code, which carries the penalty of a jail term of between two and 20 years, whipping, and fine.

Despite his claim to immunity, Sundra said he had appeared in court to hear the charges as “a mark of respect to the Malaysian courts.”

“I pleaded not guilty (without prejudice to my immunity) to these three groundless charges.” he said.

He pointed out that he has filed a judicial review to assert that he has immunity for actions done within his official capacity and that such immunity could not be waived.

His application, however, was rejected after the High Court held that it has no jurisdiction under Malaysian law to question the actions of the Public Prosecutor as he had “unfettered discretion” to make prosecutorial decisions.

Sundra stated that he is appealing to the Court of Appeal on the decision.

He also stated that he was disappointed in the manner that he was charged and that his hard work for nine years with the AIAC had been tarnished in the process.



Category: Malaysia

Print This Post

Comments are closed.