Court throws out Azmin’s bid to strike out Gombak voters’ suit

KUALA LUMPUR – Senior Minister and Gombak MP Datuk Seri Mohamed Azmin Ali will face off with 10 voters next June after his application to strike out their suit was dismissed by the high court here.

Justice Akhtar Tahir also dismissed an application by the voters to strike out parts of Azmin’s statement of defence against their legal action, reported The Star.

The voters are alleging deceit and breach of fiduciary duty on the part of Azmin as their elected representative.

In his decision, presented online today, Akhtar said he found that the matter needs to be heard, and that the voters raised “triable issues”.

The court fixed June 7 to 10 next year for the trial.

Azmin filed his strike-out bid on March 12 through Messrs Zharif Nizamuddin, on the grounds that the suit did not disclose the reasonable cause of action, and claiming that it is defamatory, frivolous, vexatious, or has led to an abuse of the court process, as well as ultra vires the federal constitution.

The application also claimed that the suit violates the defendant’s fundamental right to freedom of association, as provided for under Article 10, Clause (1)(c) of the constitution.

The 10 voters filed their suit on November 27 last year against Azmin over the Sheraton Move that caused the Pakatan Harapan government’s collapse in February the same year.

In their statement of claim, the plaintiffs, aged between 36 and 64, said they are seeking, among others, a declaration that Azmin, as Gombak MP, breached his fiduciary obligations, deceived them in elections, and violated the representation made to them.

By breaching these representations, they said, the defendant violated the constitution, especially the principles of parliamentary and representative democracy that form part of the basic structure of the highest law of the land.

The plaintiffs are applying for a declaration affirming this, and are seeking damages, including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court. – The Vibes, June 30, 2021