“There are no special circumstances to stay the judicial review application,” judge Mariana Yahya said, adding that the judicial review application by N Sundra Rajoo will be heard as scheduled on Nov 20.
Sundra was represented by lawyer Abdul Shukor Ahmad while S Narkunavathy represented the respondents – Attorney-General (AG) Tommy Thomas, the Malaysian Anti-Corruption Commission, the foreign minister and Putrajaya.
The government had applied to postpone the hearing pending the Federal Court hearing on its 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 had not properly addressed the matter of diplomatic privilege.
Judge Nordin Hassan had dismissed Sundra’s leave application three days earlier, 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 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 the Asian-African Legal Consultative Organisation (AALCO).
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 AALCO.
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.