KUALA LUMPUR, June 30 — The High Court today set hearing dates in June 2022 for the case against Senior Minister Datuk Seri Azmin Ali initiated by Gombak voters accusing him of breaching his fiduciary duties and constitutional oaths following his defection from Pakatan Harapan (PH) and PKR.
This after High Court Judge Datuk Akhtar Tahir today dismissed Azmin’s application to strike out the suit by the 10 voters that his lawyers had claimed to be unconstitutional and baseless.
Yohendra Nadarajan, who represented the 10 Gombak voters, told Malay Mail after the proceedings, which were held virtually, that judge Akhtar decided that the case should be heard.
“Judge has dismissed Azmin's striking out application and also our striking out application with costs as to cause.
“He just said this matter ought to go for trial; that there is a matter here and it should be ventilated in a trial,” said Yohendra when relating the judge’s verdict today.
He said Akhtar then set June 7 to June 10, 2022 as hearing dates for the case, with the next date for case management on April 7 next year.
Additionally, Yohendra said a separate application by the voters to strike out portions of Azmin’s statement of defence was also dismissed by Akhtar on the same grounds.
The voters were represented by Yohendra and Surendra Ananth, and Nizamuddin Hamid representing Azmin.
This after the Gombak voters had in November 27 last year filed the suit against Azmin for alleged deceit and breach of fiduciary duty through the “Sheraton Move” that caused the PH government to collapse in February last year.
The demands of the plaintiffs, aged 36 to 64, include 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 and by breaching these representations, the defendant 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 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.
