Minister of International Trade and Industry (MITI) Datuk Seri Mohamed Azmin Ali. gombak voters suit fiduciary duties
Datuk Seri Mohamed Azmin Ali.

KUALA LUMPUR – Senior Minister of International Trade and Industry (MITI), Datuk Seri Mohamed Azmin Ali has failed in striking off the suit filed by 10 voters from the Gombak Parliament area.

Kuala Lumpur High Court Judge Datuk Akhtar Tahir delivered the decision through a virtual proceeding today. At the same time, he also did not allow the application of the 10 voters to strike off part of Azmin’s Defence Statement towards their suit.

The lawyer representing the 10 voters from Gombak, N Yohendra said, the judge also dismissed Azmin’s attempt to strike off the suit.

“This means that we would go on a trial from 7 until 10 June 2022. Meanwhile, the date for the case management is on 7 April 2022,” he said.

The lawyer added that Akhtar also decide that the suit involves issues that cannot be resolved by dismissal request, thus, it should go through a full trial.

On 27 November 2020, 10 voters from Gombak filed a suit against Azmin for alleged deceit and breaching his fiduciary duties and constitutional oaths through the Sheraton Move that caused the fall of Pakatan Harapan (PH) government in February.

Fiduciary duty is a legal obligation of the highest degree for one party to act in the best interest of another (beneficiary).

The plaintiff alleged that Azmin had violated their trust by cooperating with Barisan Nasional (BN) in the Sheraton Move and caused the fall of the PH government as the former Menteri Besar of Selangor had campaigned and won the Gombak Parliament seat on the ticket of Parti Keadilan Rakyat (PKR)/ PH.

Azmin attempted to strike off the suit as he claimed that the suit is a violation of his right to freedom of association as provided under Article 10 (1)(c) of the Federal Constitution.

The 10 voters had attempted to strike of Azmin’s defence statement, including Azmin’s allegation sexual allegations towards the President of PKR, Anwar Ibrahim, as a reason for him to quit the party.

Azmin, who is also the former Deputy President of PKR is not the Supreme Council Member of Parti Pribumi Bersatu Malaysia.

In February last year, the President of Bersatu, Tan Sri Muhyiddin Yassin declared that the party will quit the PH coalition. He was joined by several MPs from PKR led by Azmin in the Sheraton Move.

The decision had caused the PH government led by Dr Mahathir Mohamad to topple and the rise of the current Perikatan Nasional (PN) government led by Muhyiddin as the Prime Minister. –MalaysiaGazette