KUALA LUMPUR, 30 JUNE: The Kuala Lumpur High Court has denied a request by Senior Minister of International Trade and Industry Datuk Seri Mohamed Azmin Ali to dismiss a lawsuit filed by ten Gombak voters accusing him of deception and violation of fiduciary responsibility as the parliamentary constituency’s member of Parliament (MP). Mohamed Azmin’s statement of defence, dated January 29, 2021, was also struck down by Justice Datuk Akhtar Tahir, notwithstanding an application by ten Gombak voters to strike out key portions.
Justice Akhtar said there were triable issues in the case, thus it should go to trial, while giving his ruling over Zoom this morning.
The judge did, however, speculate that the words in Mohamed Azmin’s statement of defense that the voters want struck out should be kept since they are relevant.
The voters want some paragraphs on Datuk Seri Anwar Ibrahim’s sodomy cases in 1998 and 2010 struck out.
Mohamed Azmin’s lawyer, Nizamuddin Hamid, informed theedgemarkets.com that his client will appeal Justice Akhthar’s decision not to dismiss the lawsuit.
The trial will take place from June 7 to 10, 2022, with case management beginning on April 22, 2022.
Mohamed Azmin filed the strikeout motion last month, claiming that the lawsuit lacked a valid cause of action, was libelous, frivolous, and vexatious, or resulted in an abuse of the judicial system, as well as being ultra vires of the Federal Constitution.
On November 27 of last year, ten registered voters in the Gombak parliamentary seat sued Mohamed Azmin for claimed deception and breach of fiduciary responsibility in the “Sheraton Move,” which led to the fall of the Pakatan Harapan government in February of last year.
Messrs Yohendra Nadarajan filed the lawsuit in the High Court.
The plaintiffs, who range in age from 36 to 64, are seeking a declaration that Mohamed Azmin, as the Gombak MP, had breached his fiduciary duty, deceived them during the constituency election, and breached the representation made to them, among other things.
The voters stated that Mohamed Azmin, who was elected MP for Gombak in the 14th general election, duped people by courting them on the promise of eliminating Barisan Nasional from power, but then aligning himself with the party in the new Perikatan Nasional government.
The voters alleged that Mohamed Azmin had breached constitutional rights by breaking these representations, particularly the concepts of parliamentary democracy and representative democracy, which are part of the constitution’s core structure.
As a result, the plaintiffs are seeking a declaration that the defendant has breached his fiduciary duty and owed duties, as well as misled them, and are demanding damages, including aggravated or exemplary damages, interest, fees, and any other orders the court deems appropriate. Continue reading
