Can former AIAC director claim immunity from charges?

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Datuk Sundra Rajoo Can Pursue Judicial Review on Immunity Claim

Former Asian International Arbitration Centre (AIAC) director Datuk Sundra Rajoo Nadarajah has been granted leave by the Court of Appeal to proceed with a judicial review. This allows him to challenge his entitlement to immunity from any charges related to his actions during his tenure as AIAC director. The appellate court found that the High Court had erred by prematurely assessing the merits of the case, stating that the issues raised require a substantive hearing for proper consideration.
Judicial Review Application Granted Leave

The Court of Appeal's decision allows Sundra Rajoo to formally commence judicial review proceedings, a significant step after his initial application was dismissed by the Kuala Lumpur High Court on March 26. The appellate bench, chaired by Justice Datuk Abdul Rahman Sebli, unanimously agreed that the High Court judge had prematurely delved into the merits of the case. This ruling means Sundra Rajoo can now argue his claim for immunity at a higher court.
Claim for Immunity as Former High-Ranking Officer

In his judicial review application, Sundra Rajoo is seeking a declaration that he possesses immunity for acts performed within his official capacity as a former high-ranking officer of the AIAC. This declaration is central to his defence against the charges he faces. He is asserting that his position at the AIAC, from 2010 until late last year, should shield him from prosecution for actions taken in that role.
Prohibition Orders Sought Against Prosecution and MACC

Beyond seeking a declaration of immunity, Sundra Rajoo is also requesting orders of prohibition. Specifically, he aims to prevent the Attorney-General from initiating any charges or proceedings against him concerning his conduct as AIAC director. Furthermore, he seeks to prohibit the Malaysian Anti-Corruption Commission (MACC) from taking any enforcement action, such as arrest or detention, against him related to his official actions at the centre.
Criminal Breach of Trust Charges Addressed

This legal challenge unfolds concurrently with Sundra Rajoo facing criminal charges. On March 26, he pleaded not guilty to three counts of criminal breach of trust involving AIAC funds exceeding RM1 million. These charges stem from alleged actions that occurred approximately three years prior to his plea, highlighting the serious nature of the allegations he is contesting.

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Can former AIAC director claim immunity from charges?

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