
On the same day, judge Akhtar Tahir will also hear the voters’ application to strike out part of Azmin’s defence for including Anwar Ibrahim’s alleged sexual misconduct and practice of nepotism in PKR.
Lawyer N Yohendra, appearing for the voters, said the hearing date for both applications was fixed after virtual case management before deputy registrar Maslinda Selamat today.
“The hearing of both applications will now be conducted via remote hearing on June 30,” Yohendra said.
Lawyer Nurul Najwa Zainuddin represented Azmin.
The voters, who filed the action in November, said Azmin owed a fiduciary duty and was a trustee to his constituents.
They contend that Azmin left PKR and orchestrated the Sheraton Move for his own gain and political advancement, not for the benefit of his constituents.
They said Azmin need not know his constituents individually for him to exercise his fiduciary duties because they voted for him based on the principle that an MP served all people in the seat.
The plaintiffs said the Sheraton Move brought no benefit to the Gombak constituency.
They said they were sadly disappointed by Azmin’s deceitful and unlawful conduct and want a declaration that he had violated his oath of office to protect, preserve and defend the Federal Constitution.
Azmin, a former PKR deputy president, had claimed as part of his defence that Anwar’s sexual conduct was among the reasons that led to him to leave the party and subsequently to join Bersatu.
Azmin said he would adduce evidence that has never come to public knowledge during the trial when the suit is heard.
He also said his decision to leave the party was made after concluding that Anwar was not qualified to lead PKR nor become the next prime minister.
Azmin said he also proceeded to file an application to strike out the plaintiffs’ suit on grounds that it did not disclose a reasonable cause of action, and that it was defamatory, frivolous, vexatious or led to an abuse of the court process as well as being ultra vires the Federal Constitution.
The voters last month proceeded to expunge part of Azmin’s defence as the issues raised were irrelevant to their case.
“Paragraphs 13 to 20 of the defence are statements which are outrageous, degrading in nature and are done with the intention to paint a bad picture, simply to prejudice a party that is not named in this suit,” they said in reference to Anwar.
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