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Case management of Gombak voters’ suit against Azmin fixed for Dec 28

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This is to allow the senior minister to take the necessary steps to respond to the suit, says lawyer Yohendra Nadarajan.

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Free Malaysia Today
Mohamed Azmin Ali chats with voters in Taman Ukay Perdana while campaigning for the 2018 elections. Ten Gombak voters are now suing him for deceit and breach of fiduciary duty. (Bernama pic)

KUALA LUMPUR:
The High Court here has fixed a second case management on Dec 28 to give direction to parties after 10 Gombak voters filed a suit against their MP, Mohamed Azmin Ali, for deceit and breach of fiduciary duty.

Lawyer Yohendra Nadarajan, who represented the voters, said the date was fixed after a case management before deputy registrar Maslinda Selamat.

“Today, I briefed the court on the suit and informed her that the cause papers had been served on the defendant (Azmin) on Dec 1,” he said.

He said the court registry had not decided on the judge who would be assigned to hear the matter.

Maslinda then fixed another case management later this month to enable Azmin to take the necessary steps to respond to the suit.

According to court rules, Azmin has to engage a lawyer within 14 days of obtaining the cause papers and then file a memorandum of appearance in court.

The voters want a declaration that the senior minister for economy, as trustee, owes them a fiduciary duty as an elected representative.

They also want a declaration that Azmin committed the tort of deceit against them and that he had violated his constitutional oath under Article 59(1), read together with the 6th Schedule of the Federal Constitution.

In their statement of claim, the plaintiffs’ bone of contention is that Azmin made a representation that he was standing for election in 2018 to oust the then Barisan Nasional (BN) coalition and to free Malaysia of corrupt officials.

They said Azmin caused the collapse of the Pakatan Harapan (PH) government in February and joined the Perikatan Nasional administration, which included BN and persons Azmin himself had acknowledged were “credibly accused of corrupt practices”.

They added that Azmin, the former PKR deputy president, had pledged to abide by the PH 2018 election manifesto to address, among others, the wrongdoings of BN when it formed the federal government.

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