Judge Hanipah Farikullah said the subject of Sundra’s immunity should be determined in criminal proceedings.

“He can defend himself properly in the proceedings as to whether the alleged act of criminal breach of trust was done in his personal or official capacity as director at the time,” she said in delivering the court’s unanimous decision.

The court made no order as to costs.

Hanipah was joined on the panel by judges Hadhariah Syed Ismail and Che Mohd Ruzima Ghazali.

Sundra was previously slapped with three counts of criminal breach of trust for allegedly misappropriating RM1.1 million in funds from AIAC.

His lawyer K Shanmuga made an application to stay today’s decision pending another application to obtain leave from the Federal Court.

However, senior federal counsel S Narkunavathy said there was nothing to stay as there were currently no proceedings against Sundra in the Sessions Court.

Hanipah then told the lawyer to file a formal application to stay today’s ruling.

The High Court last year allowed Sundra’s judicial review challenge against the attorney-general’s decision to prosecute him for the three CBT charges.

The Sessions Court subsequently quashed the charges against him.

Sundra claimed that he was entitled to protection for acts and omissions in his official capacity as the centre was set up in 1978, following diplomatic correspondence between Malaysia and Asian-African Legal Consultative Organisation.

He served as head of AIAC from 2010 to 2018.

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