Tuesday, April 20, 2021

Azmin applies to strike out suit by Gombak voters over ‘Sheraton Move’

Court orders him to file a supporting affidavit before or on March 24, when further case management will be heard.

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Mohamed Azmin Ali today filed an application to strike out a suit filed by 10 Gombak voters against him for alleged deceit and breach of fiduciary duty as the MP of the parliamentary constituency.

He filed the application through the legal firm of Messrs Zharif Nizamuddinon, on grounds that the suit did not disclose the reasonable cause of action, and was instead defamatory, frivolous, vexatious or had led to an abuse of the court process in addition to being ultra vires of the Federal Constitution.

The application was made on grounds that the suit violates the defendant’s fundamental right to freedom of association as provided for under Article 10 Clause (1) (c) of the Federal Constitution.

Azmin’s lawyer Nizamuddin Hamid, when contacted, said the court ordered his client to file a supporting affidavit before or on March 24.

“The court also set the same date for further case management,” he said after case management, conducted through e-review before High Court deputy registrar Maslinda Selamat today.

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

In their statement of claim, the plaintiffs, aged between 36 and 64, sought, among others, a declaration that Azmin, as Gombak MP, had breached his fiduciary obligations, deceived them during the elections in the constituency as well as breached the representation made to them.

The voters claimed that by breaching these representations, Azmin had violated constitutional rights, especially the principles of parliamentary democracy and representative democracy, which form part of the basic structure of the constitution.

They are seeking damages, including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.

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