Ex Ag Thomas 12 Others Sued Over Alleged Wrongful Arrest Prosecution

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Former attorney-general Tommy Thomas and 12 others were hit with a lawsuit over the alleged malicious prosecution of former Asian International Arbitration Centre (AIAC) director N Sundra Rajoo.
Sundra Rajoo’s lawyer TJ Lee confirmed that the writ of summons was filed in the High Court in Kuala Lumpur this morning.
On Sept 8, lawyers for the former AIAC director issued a letter of demand to Thomas and eight MACC officials to issue a written apology and pay RM10 million over purported misfeasance of public office and malicious prosecution.
On April 30 this year, the Federal Court ruled that Sundra Rajoo is entitled to immunity from prosecution for alleged acts committed while in office.
As far back as March 11, 2019, Sundra Rajoo (above) had gone to the High Court in Kuala Lumpur to uphold his immunity from arrest and prosecution for alleged offences committed while in office.

Criminal breach of trust 
Over two weeks later, on March 26, he was still hauled before the Kuala Lumpur Sessions Court, where he claimed trial to three charges of criminal breach of trust involving RM1,011,367.50.
Thomas was then the attorney-general during the then Pakatan Harapan administration.
However, in January last year, the Sessions Court quashed the criminal case against Sundra Rajoo.
According to a copy of the statement of claim filed today, Sundra Rajoo listed Thomas and 12 others as defendants.




Former attorney-general Tommy Thomas
The 12 defendants are Thomas’ former special officer Khong Hui Li; former MACC officers Mohd Adrian Zaiman Zainiar, Md Yusrin Md Yusof, Mohd Fadhly Mohd Zamry, T Nesavan, G Sharan; serving MACC officer Hasmizzy Md Hasim; deputy public prosecutor Kamal Baharin Omar; former DPP Mohd Zaki Mohd Salleh; former MACC chief commissioner Mohamad Shukri Abdull; the MACC; and the government of Malaysia.
The plaintiff claimed that the first to 11th defendants (Thomas to Shukri) knew or ought to have known that he was immune from the arrest and prosecution perpetrated against him from November 2018 to January last year.
Sundra Rajoo claimed that he was subjected to false imprisonment, malicious prosecution and violation of his fundamental rights under Articles 5 and 8 of the Federal Constitution.
Article 5 states that no person shall be deprived of his life or personal liberty, save in accordance with the law.
Article 8 states that all persons are equal before the law and entitled to equal protection of the law.

Vicariously liable
The plaintiff claimed that the actions of the first to 11th defendants were done with malice and vindictiveness against him, among other contentions.
Sundra Rajoo claimed that as a result of his purported wrongful arrest and prosecution, he suffered, among other things, loss of reputation, integrity and goodwill domestically and internationally; loss of liberty; and loss of dignity, mental suffering, humiliation and anxiety.
He also contended that the MACC and government, the 12th and 13th defendants, are vicariously liable for all actions of the other defendants.
Through the lawsuit, the plaintiff seeks general, aggravated and/or exemplary damages; RM3.74 million in special damages; five percent interest on awarded sums calculated from the date of judgment to date of full and final settlement; costs; and any other relief deemed fit by the court.
According to Lee, the High Court fixed Nov 12 for the case management of the matter. - Mkini

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