KUALA LUMPUR (Sept 10): Former Asian International Arbitration Centre (AIAC) director Datuk Dr N Sundra Rajoo has issued a letter of demand to former attorney-general Tan Sri Tommy Thomas, the Malaysian Anti-Corruption Commission (MACC) and the government over purported false imprisonment and malicious prosecution.
The nine-page letter, issued via Messrs Cheok Ng Lee Law Chamber, was also sent to former MACC chief commissioner Datuk Seri Mohd Shukri Abdull and several officers from the Attorney-General’s Chambers and MACC.
Sundra Rajoo is demanding RM10 million and a written apology within 14 days from the parties. If the demands are not met he will sue them, according to the demand letter sighted by theedgemarkets.com.
The former director was slapped with three criminal breach of trust charges in March 2019, involving AIAC's funds amounting to RM1.01 million.
The charges were dropped after the High Court and the Federal Court ruled that as AIAC director, Sundra Rajoo enjoyed immunity from criminal proceedings.
In the demand letter, Sundra Rajoo’s lawyers claimed that as a result of his client’s arrest by the MACC in 2018 he was forced to resign as the AIAC director, and this led to a loss of his reputation, integrity and goodwill domestically and internationally.
It was further claimed that Sundra Rajoo had lost his dignity, faced mental suffering, humiliation and anxiety as a result of him being charged, as well as a loss of income of RM756,000 as the deputy chairman of the FIFA Adjudicatory Chamber and a member of the Monetary Penalty Review Committee.
“Our client was forced to resign from the said positions due to your unlawful acts,” the letter said, adding that Sundra Rajoo also suffered loss of income and allowance as AIAC director from 2018 until 2022 amounting to RM1.44 million, and also incurred legal costs of RM625,935.
This, the letter said, forms sufficient basis for Sundra Rajoo to also seek aggravated and exemplary damages.
Noting that Sundra Rajoo was arrested on Nov 20, 2018 at the Kuala Lumpur International Airport, the letter said he had informed the MACC officers making the arrest that as the AIAC director, he enjoyed immunity.
It added that he was brought to the magistrate's court for remand proceedings the next day, but before the hearing started, a special officer to then attorney-general Thomas called a lawyer from the AIAC.
The lawyer was allegedly told that Sundra Rajoo should resign as AIAC director or he would be sacked, and that his resignation would deter any action being taken against him,
As a result of the alleged intimidation, Sundra Rajoo was allegedly under tremendous pressure and had to resign under duress, the demand letter said.
“It is reiterated that prior to his resignation, Sundra Rajoo has immunity from legal suit and legal process in respect to his position as a high officer. Despite this, the MACC demanded our client to be remanded for seven days but this was disagreed by the magistrate,” said the ex-AIAC director’s lawyers.
Between November and December 2018, the MACC had conducted six inspections during which Sundra Rajoo maintained immunity in the criminal charges, according to the lawyers.
On March 5, 2019, Sundra Rajoo commenced a judicial review proceeding against Thomas and others where he sought immunity from criminal proceedings. Sundra Rajoo also claimed that his family was harassed at their Bukit Damansara home.
Thomas signed the consent in preferring charges on Sundra Rajoo on March 22, 2019, and three days later a deputy public prosecutor sought to charge the ex-AIAC director although the judicial review application was scheduled to be heard the next day.
Sundra Rajoo had claimed trial to the charges. However, the High Court allowed the judicial review application on Dec 31, 2019, ruling that the former AIAC director enjoyed immunity from criminal prosecution.
The Federal Court affirmed the decision on April 30 this year.
Thomas, when contacted about the letter of demand, declined to comment.