“After going through the affidavits and oral submissions by the parties, there are special circumstances to stay the trial,” judge Azura Alwi said in her ruling.
She added that it was pointless for the trial to begin as the accused, N Sundra Rajoo, would raise the immunity issue again.
She also fixed Oct 30 for case mention.
On March 26, Sundra was charged with three counts of criminal breach of trust amounting to RM1 million.
The offences were allegedly committed at the AIAC premises on Jalan Sultan Hishamuddin here between Aug 17 and Dec 8 last year.
According to the defence, the money was spent on books for distribution to promote the AIAC with approval from the Asian-African Legal Consultative Organisation (AALCO).
Sundra, represented by Baljit Singh Sidhu, sought for his trial to be adjourned until the High Court rules whether he enjoys immunity from prosecution as a high officer of AIAC, which is an international 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.
High Court judge Mariana Yahya is scheduled to hear Sundra’s claim on Oct 15 that the AG cannot file criminal charges against him.
However, the AG has also applied to the Federal Court for leave to challenge a Court of Appeal decision favouring Sundra.
Lawyer K Shanmuga, a counsel for Sundra in the civil suit, said the Federal Court will hear the leave application on Jan 16 next year.
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.