KUALA LUMPUR, March 17 — The former Asian International Arbitration Centre (AIAC) director Datuk Prof N. Sundra Rajoo has withdrawn his suit against the former Attorney General Tan Sri Tommy Thomas and 12 other parties over his wrongful arrest and prosecution in relation to the AIAC breach of trust case.
Sundra Rajoo filed the withdrawal note through Messrs. Cheok Ng Lee Law Chambers on March 8.
Based on the court system, the note states that Sundra Rajoo as the plaintiff fully discontinued the suit filed on October 15, 2021, against the defendants with no order regarding costs and without liberty to file afresh.
The matter was confirmed by Sundra Rajoo’s counsel TJ Lee, when contacted today.
Lee said the suit was discontinued because a settlement had been reached with the Malaysian government and one of the terms of the settlement was to withdraw the suit.
“However, the terms of the settlement agreement cannot be disclosed,” the lawyer added.
On July 21 last year, High Court Judge Datuk Ahmad Bache dismissed the application by Thomas and 12 other defendants to quash Sundra Rajoo’s suit after ruling 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 defendants appealed against the High Court’s decision and the appeal was supposed to be heard on June 13.
Besides Thomas, also named as defendants are the Malaysian Anti-Corruption Commission (MACC) former chief commissioner Datuk Seri Mohamad Shukri Abdull, 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, G. Sharan Raj, Hasmizzy Md Hasim, Kamal Baharin Omar and Mohd Zaki Mohd Salleh as well as MACC and the Malaysian government.
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 November 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 this, 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 was seeking special damages amounting to RM3,749,557.26, aggravated and exemplary damages, as well as other relief deemed fit by the court.