Judge Azura Alwi fixed the date after hearing submissions from N Sundra Rajoo’s counsel Baljit Singh Sidhu and deputy public prosecutor Mohd Zaki Mohd Salleh.
Sundra wants his trial adjourned until the High Court rules whether he enjoys immunity from prosecution as a high officer of AIAC, which is an international organisation.
Baljit today submitted that his client had filed a judicial review to assert the status of his immunity against the foreign minister, the Malaysian Anti-Corruption Commission and the attorney-general (AG).
“Pending the disposal of the judicial review, the prosecution has filed three charges,” he said.
He said the Asian-African Legal Consultative Organisation (AALCO), the parent body of AIAC, had strongly protested and disassociated itself from the charges on grounds that they are void, groundless and illegal under the 2013 Host Country Agreement.
Baljit said any move to commence trial against Sundra would have widespread implications as the immunity of foreign diplomats could be also be waived to allow them to face prosecution here.
However, Zaki replied that the judicial review was a civil matter while the accused faces a criminal trial.
He said the AG had unfettered prosecutorial powers under Article 145 (3) of the Federal Constitution which cannot be questioned by the courts.
“This is further supported by a long line of cases decided by our apex court,” he said, adding that the application was frivolous and ought to be dismissed.
High Court judge Mariana Yahya will on Oct 15 hear Sundra’s claim that the AG cannot file criminal charges against him.
On May 23, a three-member Court of Appeal bench chaired by Abdul Rahman Sebli said the High Court judge who dismissed Sundra’s leave application for judicial review had not properly addressed the matter of diplomatic privileges.
Judge Nordin Hassan had dismissed Sundra’s leave application on March 26, saying the matter was not amenable to judicial review as the AG has unfettered discretion over prosecution matters.
Sundra, who was head of AIAC from 2010 until late last year, had sought a declaration that he is entitled to protection for acts and omissions in his official capacity.
He also sought a declaration that the immunity cannot be waived under the International Organisations (Privileges and Immunities) Act 1992, and that neither the current acting director nor any officer from the centre can strip him of this protection.
Sundra claimed to enjoy immunity as the centre was set up in 1978, following diplomatic correspondence between Malaysia and AALCO.
He is seeking an order to stop the AG from framing charges against him for any acts or omissions during his term of office.
On March 26, Sundra was also charged in the Sessions Court here with three counts of criminal breach of trust.
The offences were allegedly committed at the AIAC premises on Jalan Sultan Hishamuddin here between Aug 17 and Dec 8 last year.