
Checks on the court’s online portal revealed that former Asian International Arbitration Centre (AIAC) director N Sundra Rajoo had filed a notice of discontinuance in the High Court here on March 8.
“This discontinuance is with no order to costs and without liberty to file the suit afresh against the defendants,” the document sighted by FMT read.
When contacted, Sundra said he discontinued the suit as he had reached a settlement with the government.
“Part of the settlement is to withdraw all claims against the defendants,” he said.
In 2019, Sundra was charged with three counts of misappropriating RM1.1 million belonging to AIAC to buy certain books.
However, the Federal Court ruled he enjoyed immunity due to his position as the arbitration centre chief and struck out charges for criminal breach of trust brought against him.
Sundra’s statement of claim, filed in 2021, alleged that MACC officers, acting under orders from Thomas and then chief commissioner Shukri Abdull, wrongfully detained him at KLIA in November 2018.
He said the detention was a violation of his fundamental liberties as enshrined in Article 5(1) of the Federal Constitution.
He said he told the MACC arresting officers he was by virtue of his position a diplomatic agent and was entitled to certain privileges, including immunity from prosecution.
Despite this, he said, the officers arrested him.
Sundra also claimed that he was removed as AIAC director after his arrest and was remanded.
He had sought more than RM3.7 million in damages.
On July 22 last year, the High Court dismissed an application by Thomas and his co-defendants to strike out the suit.
Justice Ahmad Bache said there were issues of law and fact that required a trial.
An appeal by Thomas and the other defendants to the Court of Appeal is scheduled for hearing on June 13.
The appeal has become academic with the withdrawal of the suit.