Azmin wins appeal to strike out Gombak voters’ suit
The voters alleged that Azmin Ali had breached his fiduciary duty as their MP following the Sheraton Move that caused the PH government to collapse in February 2020.
PUTRAJAYA: Senior minister Azmin Ali has succeeded in his appeal to nullify a lawsuit filed by 10 Gombak voters over alleged breach of fiduciary duty.
Court of Appeal judge Yaacob Md Sam, who chaired a three-member panel, allowed Azmin’s application to strike out the suit after hearing submissions from his lawyer, Nizamuddin Abdul Hamid, and the voters’ lawyer, K Shanmuga, during an online proceeding.
“We are of the view that there is an appealable error that warrants appellate intervention.
“Based on settled law, we find that the respondents’ (voters’) action is obviously unsustainable and bound to fail. There is no necessity for this suit to go on a full trial,” he said.
The other judges on the panel were Lee Heng Cheong and Hashim Hamzah.
The court made no order on costs.
Earlier this year, the High Court rejected Azmin’s application to strike out the lawsuit by the 10 Gombak voters against him. It also set June 7 to 10 to hear the case.
The voters, in their lawsuit, claimed that Azmin made a representation that he was standing in the 2018 general election to oust Barisan Nasional (BN) and to “free Malaysia of corrupt officials”.
They said that during the election campaign, Azmin told his constituents to “vote for PKR to ensure a competent and stable government”.
“The representations were merely to deceive the voters to support and vote for him so (that) he can be an MP,” they said.
They also said Azmin caused the collapse of the Pakatan Harapan government in 2020 and joined the Perikatan Nasional administration, which included BN, and persons Azmin himself had acknowledged were “credibly accused of corrupt practices”.
Azmin is currently the international trade and industry minister in Ismail Sabri Yaakob’s Cabinet. He is also a Bersatu Supreme Council member.
PUTRAJAYA: Senior minister Azmin Ali has succeeded in his appeal to nullify a lawsuit filed by 10 Gombak voters over alleged breach of fiduciary duty.
Court of Appeal judge Yaacob Md Sam, who chaired a three-member panel, allowed Azmin’s application to strike out the suit after hearing submissions from his lawyer, Nizamuddin Abdul Hamid, and the voters’ lawyer, K Shanmuga, during an online proceeding.
“We are of the view that there is an appealable error that warrants appellate intervention.
“Based on settled law, we find that the respondents’ (voters’) action is obviously unsustainable and bound to fail. There is no necessity for this suit to go on a full trial,” he said.
The other judges on the panel were Lee Heng Cheong and Hashim Hamzah.
The court made no order on costs.
Earlier this year, the High Court rejected Azmin’s application to strike out the lawsuit by the 10 Gombak voters against him. It also set June 7 to 10 to hear the case.
The voters, in their lawsuit, claimed that Azmin made a representation that he was standing in the 2018 general election to oust Barisan Nasional (BN) and to “free Malaysia of corrupt officials”.
They said that during the election campaign, Azmin told his constituents to “vote for PKR to ensure a competent and stable government”.
“The representations were merely to deceive the voters to support and vote for him so (that) he can be an MP,” they said.
They also said Azmin caused the collapse of the Pakatan Harapan government in 2020 and joined the Perikatan Nasional administration, which included BN, and persons Azmin himself had acknowledged were “credibly accused of corrupt practices”.
Azmin is currently the international trade and industry minister in Ismail Sabri Yaakob’s Cabinet. He is also a Bersatu Supreme Council member.
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