Datuk Seri 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.
Mohamed Azmin 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 instead it was defamatory, frivolous, vexatious or led to an abuse of the court process as well as ultra vires of the Federal Constitution.
The application was made on the grounds that the suit violates the defendant’s fundamental right to freedom of association as provided under Article 10 Clause (1) (c) of the Federal Constitution.
Lawyer Nizamuddin Hamid, representing Mohamed Azmin, 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 (March 24) for further case management,” he said after the case management, which was conducted through e-review before High Court Deputy Registrar Maslinda Selamat today.
The 10 registered voters in the Gombak parliamentary constituency had filed the suit on Nov 27 last year against Mohamed Azmin for alleged deceit and breach of fiduciary duty through the ‘Sheraton Move’ that caused the Pakatan Harapan government to collapse in February last year.
In their statement of claim, the plaintiffs, aged between 36 and 64, are seeking, among others, a declaration that Mohamed 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.
The voters claimed, 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.
Therefore, 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.