The Kuala Lumpur High Court has denied International Trade and Industry Minister Azmin Ali's bid to strike out a suit against him by 10 of his parliamentary constituents.
Judge Akhtar Tahir also did not allow an application by the 10 Gombak voters to strike out parts of Azmin’s statement of defence against their suit during online proceedings today.
The Gombak constituents’ counsel N Yohendra confirmed the outcome of the proceedings.
“The judge has dismissed Azmin’s striking-out application and also our striking-out application with costs as to the cause.
“This means we have to go to trial. Trial dates are June 7 to 10, 2022. The case management date to comply with directions is April 7, 2022,” Yohendra said when contacted.
The judge ruled that the suit involved issues that could not be resolved by either striking out applications, thus the matter needs to be fully ventilated via full hearing of the legal action.
Today was fixed for an online hearing of the Azmin’s application to strike out the suit and also the constituents’ bid to strike out parts of Gombak MP’s statement of defence against the suit linked to the alleged betrayal of 14th General Elections (GE14) electoral promises.
Azmin seeks to strike out the suit as he claimed it violated his fundamental right to an association under the Federal Constitution.
The 10 voters are seeking to strike out parts of Azmin’s statement of defence, which among others cited sexual allegations against PKR president Anwar Ibrahim as a reason for defecting from the political party.
Azmin, who was former PKR deputy president, is now a Bersatu supreme council member.
In February last year, Bersatu president Muhyiddin Yassin took his party out of Pakatan Harapan. He was joined by a group of PKR defectors led by Azmin in what was later dubbed the “Sheraton Move”.
This triggered the collapse of the Dr Mahathir Mohamad-led Harapan administration and the establishment of the present Perikatan Nasional government. Muhyiddin is now the prime minister
Late last year, the 10 Gombak voters filed a suit against Azmin over an alleged breach of purported promises he made in the run-up to GE14.
According to a copy of the suit, the 10 plaintiffs are seeking a total of nine court declarations, including how their elected representative owed them a fiduciary duty and had allegedly breached that duty.
A fiduciary duty typically refers to a relationship between a trustee and a beneficiary.
The plaintiffs further alleged that Azmin had violated their trust by working with BN in the Sheraton Move and causing the collapse of the Harapan government, despite having campaigned and won the Gombak parliamentary seat on a PKR/Harapan ticket. - Mkini
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