KUALA LUMPUR: The Court of Appeal has set June 13 to hear the appeal of former attorney-general Tommy Thomas and 12 others seeking to quash a “malicious prosecution” lawsuit brought against them by the former director of an arbitration centre here.
Lawyer Alan Gomez, representing Thomas, informed Justice Ahmad Bache of this during case management of the suit in the High Court here today.
Former Asian International Arbitration Centre (AIAC) director N Sundra Rajoo filed a civil action against Thomas and several Malaysian Anti-Corruption Commission (MACC) and legal officers in 2021, alleging that he was a victim of malicious prosecution.
In 2019, Sundra was charged with three counts of misappropriating RM1.1 million belonging to AIAC to buy certain books.
However, the Federal Court ruled that Sundra enjoyed immunity due to his then position as the arbitration centre chief and struck out charges for criminal breach of trust brought against him.
Gomez urged the court to grant a stay of proceedings in the suit pending the outcome of the appeal.
Lawyer Surendra Ananth, who appeared for Sundra, said that since the case has not been scheduled for trial, it would be sufficient for the court to fix another case management date pending the outcome of the appeal.
Ahmad then fixed case management on July 4.
“Everything is put on hold. You don’t have to do anything in the meantime,” the judge told the lawyers.
Sundra’s statement of claim alleged that MACC officers, acting under orders from Thomas and then chief commissioner Shukri Abdull, wrongfully detained him at KLIA in November 2018.
He said the detention was a violation of his fundamental liberties as enshrined in Article 5(1) of the Federal Constitution.
He said he told the MACC arresting officers that as the then AIAC director, he was a diplomatic agent and was entitled to certain privileges, including immunity from prosecution.
Despite this, he said, the officers arrested him.
Sundra also claimed that he was removed as AIAC director after his arrest and remand.
He is seeking more than RM3.7 million in damages.