The MACC and 11 others do not need for the time being to file their statement of defence against a lawsuit over the alleged malicious prosecution of former Asian International Arbitration Centre (AIAC) director N Sundra Rajoo.
The High Court in Kuala Lumpur today directed that this is pending the disposal of an application by former attorney-general Tommy Thomas to strike out the legal action by Sundra Rajoo.
Sundra Rajoo’s legal action targeted not only Thomas and MACC, but also Thomas’ former special officer Khong Hui Li; former MACC officers Mohd Adrian Zaiman Zainiar, Md Yusrin Md Yusof, Mohd Fadhly Mohd Zamry, T Nesavan, G Sharan; serving MACC officer Hasmizzy Md Hasim; deputy public prosecutor Kamal Baharin Omar; former DPP Mohd Zaki Mohd Salleh; former MACC chief commissioner Mohamad Shukri Abdull; and the government of Malaysia.
The former AIAC director’s counsel TJ Lee confirmed the outcome of case management before the High Court today.
“The court has directed that the defendants file the (statement of) defence after the disposal of the striking-out (application by Thomas),” Lee said.
The lawyer said that the court directed parties to exhaust their filing of affidavits (do all the court filings that the parties may wish to do related to the matter).
Lee added that the court fixed Jan 3 next year for further case management for the parties to update on the status of their affidavits.
Statement of defence
The court has yet to fix a date to hear Thomas’ application to strike out the suit.
The lawyer also said that in the event that the court ultimately dismisses the striking-out bid, then Thomas would also be required to file his statement of defence.
Federal counsel Abdul Rashid Sulaiman appeared for the defendants during online case management today.
On Oct 15, Sundra Rajoo (above) filed the lawsuit against Thomas and the other 12 defendants, alleging that he suffered false imprisonment and malicious prosecution, among other claims.
On Sept 8, lawyers for the former AIAC director issued a letter of demand to Thomas and eight MACC officials to issue a written apology and pay RM10 million over purported misfeasance of public office and malicious prosecution.
On April 30 this year, the Federal Court ruled that Sundra Rajoo is entitled to immunity from prosecution for alleged acts committed while in office.
Hauled up
As far back as March 11, 2019, Sundra Rajoo had gone to the High Court in Kuala Lumpur to uphold his immunity from arrest and prosecution for alleged offences committed while in office.
Over two weeks later, on March 26, he was again hauled up before the Sessions Court in Kuala Lumpur, where he claimed trial to three charges of criminal breach of trust involving RM1,011,367.50.
Thomas was then the attorney-general during the then Pakatan Harapan administration.
However, in January last year, the Sessions Court quashed the criminal case against Sundra Rajoo.
On Nov 5, it was reported that Thomas has filed to strike out the suit, contending that the claims over the extent of Sundra Rajoo’s immunity from criminal proceedings would place the former AIAC director in a position above other Malaysians as well as the rulers. - Mkini
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