This is in relation to Thomas’ remarks in an affidavit filed to strike out N Sundra Rajoo’s suit for misfeasance in public office and malicious prosecution.

Sundra, who filed the suit last year, had named Thomas and 12 others as defendants.

In the affidavit, Thomas allegedly said giving immunity to Sundra from criminal prosecution meant that he was “one class above” the nine Malay rulers and 30 million citizens.

Thomas had also alleged that a Federal Court judgment delivered last year in favour of Sundra was unconstitutional.

In reinstating a High Court ruling, a seven-member apex court bench had said Sundra’s functional immunity included immunity from criminal proceedings, and that he had acted to safeguard the interests of AIAC and its parent body, the Asian-African Legal Consultative Organization.

Today, a three-member bench chaired by Justice Abang Iskandar Abang Hashim said Sundra did not fulfil the threshold of a prima facie case for leave to be granted.

“It is our unanimous view that the applicant had failed to make out a case that the impugned statements hold a real risk of undermining the administration of justice,” Abang Iskandar said.

Sitting with him were justices Zabariah Yusof and Harmindar Singh Dhaliwal.

Sundra, represented by Malik Imtiaz Sarwar, filed the ex parte application in September to initiate contempt proceedings against Thomas.

On July 21, the High Court in Kuala Lumpur dismissed the striking out application by Thomas and 12 others.

An appeal is pending in the Court of Appeal.

Sundra was charged in the Kuala Lumpur sessions court on March 16, 2019, with three counts of criminal breach of trust (CBT) amounting to RM1.1 million, allegedly committed at AIAC’s premises on Jalan Sultan Hishamuddin here, between Aug 17 and Dec 8, 2018.

Thomas was the attorney-general between June 2018 and February 2020.

Sundra filed a judicial review application in the High Court the same month, but the charges were later dropped after the Federal Court verdict.