KUALA LUMPUR (March 17): Asian International Arbitration Centre (AIAC) director Datuk Prof Dr N Sundra Rajoo has decided to call off his RM3.75 million malicious prosecution lawsuit against former attorney general Tan Sri Tommy Thomas and 12 others. 

According to a document sighted by The Edge, Sundra, through his lawyers, filed a notice of discontinuance in the High Court on March 8 through his lawyers. 

“Take note that the plaintiff has halted this action fully towards the defendants, with no order as to costs and without liberty to file the suit afresh against the defendants,” the document stated. 

It was signed by Sundra’s solicitors Messrs Cheok, Ng, Lee, Law and Chambers, Thomas, and Attorney General Tan Sri Idrus Harun. 

Sundra's lawyer TJ Lee, when contacted by The Edge, confirmed the withdrawal of the suit. "However, terms of the settlement are to remain confidential," he said. 

Besides Thomas, the other defendants were then Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Mohd Shukri Abdull, 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 the commission and the Malaysian government.

Sundra filed the suit in October 2021, accusing the defendants of committing misfeasance in public office and malicious prosecution and false imprisonment.

Asserting that he enjoyed immunity as an AIAC director, as stipulated under the International Organisations (Privileges and Immunities) Act 1982, he alleged that he was wrongfully arrested by the MACC on Nov 20, 2018, and was forced to resign from his position on Thomas’ instructions, which led to the appointment of the late Vinayak Pradhan to replace him.

He further claimed continued harassment and intimidation against him and his family in 2019, leading to criminal charges made against him.

The AIAC director was seeking special damages of RM3.75 million as well as other damages and costs.

He filed the suit after he was slapped with three criminal breach of trust charges in March 2019, involving AIAC funds amounting to RM1.01 million.

The charges were dropped after the High Court, and later the Federal Court, ruled that as an AIAC director, Sundra had the privilege of immunity from criminal proceedings, and that the AG did not have “absolute and unfettered discretion under Article 145(3) to institute, conduct or discontinue any proceedings for criminal offences”.

Thomas and the 12 others had gone to the Court of Appeal against a decision by the High Court in 2022, which rejected an application by them to strike out Sundra’s suit.

The appeal is now academic as the suit has been withdrawn.

It is also learnt that Sundra has been reappointed as an AIAC director.