COMMENT | Claiming from the insurance of Palestine embassy's car

COMMENT | Plaintiff Donisyah Putra Amry sued the Palestinian ambassador to Malaysia’s son - Mohammed WA Abuali - who was named as the first defendant, over a road accident.

The Palestinian embassy was named as the second defendant in the same suit.

It was not disputed that the first defendant was driving a car bearing a diplomatic registration plate at the time.

Today, the media reports that in dismissing the plaintiff’s claim against both defendants, the court held that the first defendant was not liable to be sued as he had diplomatic immunity. Hence, the second defendant was not vicariously liable too.

In coming to the said decision, the learned judicial commissioner (JC) ruled that both defendants successfully proved their protection under the Diplomatic Privileges (Vienna Convention) Act 1966 (Act 636) and the Consular Relations (Vienna Convention) Act 1999 (Act 595).

She also ruled that since there was no waiver under Article 32 of the Schedule, the diplomatic immunity of the first defendant remained intact.

Under international law, a waiver may invalidate any diplomatic immunity provided such a waiver must be explicitly expressed.

I am of the view that the learned JC was...