Gombak voters vs Azmin to go on trial


THE lawsuit by 10 Gombak voters against Datuk Seri Mohamed Azmin Ali (picture) for alleged deceit and breach of fiduciary duty as their MP will go on full trial in June next year.

Kuala Lumpur High Court judge dismissed Azmin’s application to strike out the suit via online proceedings yesterday.

Judge Datuk Akhtar Tahir also rejected the voters’ application to strike out several paragraphs in the Gombak MP’s defence statement.

As reported by Bernama, counsel N Yohendra, who represents the voters, confirmed the ruling to the media via a WhatsApp message. He said the case management has been fixed on April 7, while the full trial will begin on June 7, 8, 9 and 10 next year.

Azmin filed the application to strike out the suit on March 12 this year on grounds that the suit did not disclose a reasonable cause of action, and regarded it as defamatory, frivolous, vexatious and an abuse of the court process, as well as ultra vires the Federal Constitution.

He contended that the suit violated his fundamental right to freedom of association as provided under Article 10 Clause (1)(c) of the Federal Constitution.

Prior to this, Azmin’s lawyer Nizamuddin Hamid said the paragraphs in question contained his client’s reasons on why he left PKR.

The 10 voters, who registered in the Gombak constituency, filed the suit on Nov 27 last year against Azmin for alleged deceit and breach of fiduciary duty through the “Sheraton Move” that caused the Pakatan Harapan government to collapse in February the same year.

In their statement of claim, the plaintiffs — aged between 37 and 65 — are seeking, among others, a declaration that Azmin, as the Gombak MP, had breached his fiduciary obligations, deceived them during the elections in the constituency, as well as breached the representation made to them.

Former Prime Minister Tun Dr Mahathir Mohamad had offered to be the witness in the case last December.

“All the things mentioned in this claim have been clarified by me repeatedly.

“I am willing to offer myself as a witness in court if my testimony is required,” Dr Mahathir had said then.

The plaintiffs are applying for a declaration that the defendant has breached his fiduciary duties and the duties owed, in addition to deceiving them, and as such are seeking damages, including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.