N Sundra Rajoo, the former director of the Asian International Arbitration Centre (AIAC), said in his application filed early in December that Thomas’ affidavit had shown disrespect to a Federal Court ruling made in April.
The Federal Court had ruled then that Sundra enjoyed immunity due to his then position as the arbitration centre chief.
Sundra had been charged with three counts of misappropriating RM1.1 million belonging to AIAC to buy books, which were later struck off.
Chief Justice Tengku Maimun Tuan Mat said Sundra had established in fact and law that his immunity status extended to criminal proceedings, as provided for under the International Organisations (Privileges and Immunities) Act 1992.
She said Sundra’s functional immunity included immunity from criminal proceedings and he acted in his capacity to safeguard the interests of AIAC and the Asian-African Legal Consultative Organisation (AALCO), the parent body of AIAC.
Two months ago, Sundra filed a suit against 13 people, including Thomas and former Malaysian Anti-Corruption Commission (MACC) chief Mohamad Shukri Abdull, for misfeasance in public office and malicious prosecution.
He also filed claims for false imprisonment, breach of his constitutional rights and conspiracy to injure through unlawful means.
In his application to annul the suit last month, Thomas said he had considered all evidence against Sundra before pressing criminal breach of trust charges against him two years ago.
He said he had applied his mind “honestly and to the best of my ability” and affirmed that his former deputy public prosecutors had a strong case to convict Sundra.
Thomas, who was a lawyer before he was appointed the attorney-general in 2018, said for Sundra to claim immunity from prosecution would put him solely on a level above the 30 million citizens.
“He would even be one class above the nine state rulers,” he said, explaining that such a proposition ran afoul of the Federal Constitution’s principles of equality under the law.
Thomas said he did not know whether anyone sought permission from AALCO to waive Sundra’s immunity. “If it had happened, it was done without my knowledge.”
AALCO secretary-general Kennedy Gastron, who filed an affidavit in reply to Tommy’s affidavit, said the former attorney-general had knowledge as to who asked for the waiver.
Gastron’s affidavit included a copy of an email from Thomas asking AALCO what Sundra’s status was on his immunity. He said AALCO rejected the government’s request for a waiver of the immunity.
Sundra wants the court to hear his application to remove the disputable paragraphs before Thomas’ striking off matter is heard. Case management has been fixed for Jan 3.