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12 November 2021

Former AG Tommy Thomas, 12 Others Seek To Strike Out Ex-AIAC Director Sundra Rajoo’s Suit For Wrongful Arrest

 Tan Sri Tommy Thomas


Former AG Tommy Thomas, 12 others seek to strike out ex-AIAC director Sundra Rajoo’s suit for wrongful arrest

BERNAMA

KUALA LUMPUR, 12 Nov — 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 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 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; Mr. Sharan Raj; Hasmizzy Md Hasim; Kamal Baharin Omar and Mohd Zaki Mohd Salleh, as well as the MACC and the Malaysian government.

Based on the notice of the striking out filed on November 5, all the defendants claimed that the suit was unreasonable, frivolous and an abuse of the court process.

Senior federal counsel Shamsul Bolhassan, representing all the defendants, when contacted by reporters said the case came up for management today before before deputy registrar Nurliana Ismail, who set January 3 next year for further case management.

In his statement of claim, Sundra Rajoo stated that on the order of Mohamad Shukri and Thomas, MACC officers Mohd Adrian as well as Md Yusrin wrongfully detained him from 8pm on November 20, 2018 to 5pm November 21, 2018 at the Kuala Lumpur International Airport.

He claimed that his detention was a violation of Article 5(1) of the Federal Constitution.

Sundra Rajoo claimed 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 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 was ridiculed and his reputation was also affected.

He is seeking special damages amounting to RM3,749,557.26, aggravated and exemplary damages, with interest of five per cent from the date of judgment until the date of full settlement of all the sums ordered, as well as other relief deemed fit by the court.

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