KUALA LUMPUR – Former attorney-general Tan Sri Tommy Thomas and 12 others are seeking to quash a suit by former Asian International Arbitration Centre (AIAC) director Datuk Prof Dr N. Sundra Rajoo for wrongful arrest and prosecution in an AIAC criminal breach of trust case.
Also named as plaintiffs in the suit are former chief commissioner of the Malaysian Anti-Corruption Commission (MACC) Datuk Seri Mohd Shukri Abdull and several 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 MACC and the federal government.
Based on the strike out notice filed on November 5, all the defendants claimed that the suit is unreasonable, frivolous and an abuse of the court process.
Senior federal counsel Shamsul Bolhassan, representing the defendants, when contacted by reporters said the case came up for management today before deputy registrar Nurliana Ismail, who set January 3, 2022 for further case management.
In his statement of claim, Sundra Rajoo stated that on the order of Shukri and Thomas, MACC officers Adrian and Yusrin wrongfully detained him from 8pm on November 20, 2018 to 5pm on November 21, 2018 at the Kuala Lumpur International Airport.
He claimed that his detention is a violation of Article 5(1) of the Federal Constitution.
Sundra Rajoo claimed that Adrian and Yusrin detained him even though he told them that he had been granted privileges and immunity of a diplomatic agent in his capacity as the 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 that he was ridiculed and that his reputation was also affected.
He is seeking special damages amounting to RM3,749,557.26; aggravated and exemplary damages, with interest of 5% from the date of judgment until the date of full settlement of all the sums ordered, and other relief deemed fit by the court. – Bernama, November 12, 2021