A former regional arbitration centre director is demanding an apology and RM10 million from ex-attorney-general Tommy Thomas and eight Malaysian Anti-Corruption Commission (MACC) officials for alleged misfeasance in public office and malicious prosecution.
N Sundra Rajoo, in a letter of demand dated yesterday, said his detention and prosecution were against the law and he would begin legal action if the demands were not met or if he does not receive a reasonable counter-offer within 14 days.
“Those acts were committed by you jointly, by common design, or in conspiracy, with the aim of, and the result that, our client suffered tremendous injury and loss,” stated the letter sent by Cheok Ng Lee Law Chambers.
It said Sundra, who was declared to enjoy immunity from prosecution for acts done in an official capacity, also suffered loss of reputation, integrity and goodwill.
The letter said their client suffered loss of income as the deputy chairman of the FIFA adjudicatory chamber and a member of the Monetary Penalty Review Committee.
“Our client was forced to resign from the said positions due to your unlawful acts,” it added.
It said Sundra had instructed each of them to issue a written apology to him for the said acts and RM10 million in compensation jointly or severally.
Thomas was the attorney-general and public prosecutor when Sundra was charged with three counts of criminal breach of trust (CBT) amounting to RM1.1 million.
Sundra was arrested by two MACC officers at the Kuala Lumpur International Airport soon after his arrival on official duty.
He was charged in the Kuala Lumpur sessions court on March 16, 2019, for the offence allegedly committed at the Asian International Arbitration Centre (AIAC) premises on Jalan Sultan Hishamuddin between Aug 17 and Dec 8 in 2018.
He filed a judicial review application in the High Court the same month.
In December 2019, High Court judge Mariana Yahya quashed the criminal breach of trust charges on the grounds that he had immunity which could not be arbitrarily waived.
Mariana said that removing Sundra’s immunity would be against the 2013 host country agreement signed between Putrajaya and the Asian-African Legal Consultative Organisation (AALCO).
She said it was revealed that Wisma Putra had written to AALCO, the parent body of AIAC, to waive Sundra’s immunity but this was rejected by the secretary-general.
On Jan 22 last year, sessions court judge Azura Alwi struck out the three CBT charges against Sundra as she was bound by Mariana’s ruling.
On April 30, a seven-member bench chaired by Chief Justice Tengku Maimun Tuan Mat affirmed Mariana’s verdict. – FMT