KUALA LUMPUR: The lawsuit brought by former Asian International Arbitration Centre (AIAC) director Datuk Prof Dr N. Sundra Rajoo against former attorney general Tan Sri Tommy Thomas and 12 others will go for full trial at the High Court here.
This followed a decision by Justice Ahmad Bache in dismissing an application by the 13 defendants to quash Sundra Rajoo’s suit for wrongful arrest and prosecution.
Besides Thomas, the other defendants are former Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Mohamad Shukri Abdull, MACC officers and deputy public prosecutors, namely Khong Hui Li; Mohd Adrian Zaiman Zainiar; Md Yusrin Md Yusof; Mohd Fadhly Mohd Zamry; T. Nesavan; Sharan Raj; Hasmizzy Md Hasim; Kamal Baharin Omar and Mohd Zaki Mohd Salleh, as well as the commission and the Malaysian government.
The judge ruled that the lawsuit was not a fit and proper case to be struck out as it was not a straightforward case, considering the narrative of facts in the statement of claim exceeded more than one page.
"The arguments are still on the issues of immunity and false imprisonment, which involve questions of law. This question of law should be discussed eventually in a full trial, hence, striking out is impossible for this case," said the judge via zoom proceedings.
The judge also ordered all the defendants to file their statements of defence within 14 days from today and set Sept 27 for case management.
The defendants filed the striking out application on Nov 5, 2021, on grounds that the suit was unreasonable, frivolous, and an abuse of the court process.
In his statement of claim, Sundra Rajoo stated that on the order of Mohamad Shukri and Thomas, MACC officers Mohd Adrian and Md Yusrin had wrongfully detained him from 8pm on Nov 20, 2018 to 5pm the following day at the Kuala Lumpur International Airport.
He claimed that his detention was a violation of Article 5(1) of the Federal Constitution.
Sundra Rajoo contended that Mohd Adrian and Md Yusrin detained him even though he told them that he had been granted privileges and immunity of a diplomatic agent in his capacity as then AIAC director.
Following which, Sundra Rajoo claimed that he was remanded and removed from his position as AIAC director.
As a result of the detention, he claimed he was ridiculed and his reputation affected.
He is seeking special damages amounting to RM3,749,557.26, aggravated and exemplary damages, as well as other relief deemed fit by the court. - Bernama
