Report: Gombak voters lose final bid to reinstate suit against Azmin after Federal Court dismisses leave application

Malay Mail
Malay Mail

KUALA LUMPUR, Sept 27 — Ten Gombak constituents have failed in their bid to obtain leave from the Federal Court to reinstate their lawsuit against Gombak MP Datuk Seri Mohamed Azmin Ali for alleged deceit and breach of fiduciary duty.

Malaysiakini reported that a three-person bench chaired by Chief Judge of Malaya Tan Sri Azahar Mohamed unanimously dismissed the voters’ leave application.

The other Federal Court judges were Datuk Vernon Ong Lam Kiat and Datuk Rhodzariah Bujang.

Lawyer Yohendra Nadarajan who represented the voters was quoted as saying the ruling was made on the grounds that there were no new or novel issues of law from the matter which needed to be ventilated.

The constituents were seeking to appeal against the Court of Appeal’s decision on April 13 allowing an appeal by the Gombak MP to strike out the legal action.

They had filed an application for leave back in May after a Court of Appeal three-member panel led by Justice Datuk Yaacob Md Sam ruled in favour of Azmin and struck out the voters’ lawsuit on April 13.

Previously, the voters filed the suit against Mohamed Azmin, who is a senior minister and minister of international trade and industry, on November 27, 2020, for alleged deceit and breach of fiduciary duty as their MP through the “Sheraton Move” that caused the Pakatan Harapan government to collapse in February the same year.

In their statement of claim, the voters sought, among others, a declaration that Mohamed Azmin, as the Gombak MP, had breached his fiduciary obligations, deceived them during the elections in the constituency and also breached the representation made to them.

They also sought damages including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.

On March 12, 2021, Mohamed Azmin filed an application to strike out the suit claiming that the suit did not disclose a reasonable cause of action and was frivolous, vexatious and an abuse of court process.

He contended that the suit violated his fundamental right to freedom of association as provided under Article 10 Clause (1) (c) of the Federal Constitution.

On June 30, 2021, the Kuala Lumpur High Court dismissed Mohamed Azmin’s application to strike out the suit, prompting him to file an appeal to the Court of Appeal.