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KUALA LUMPUR: The case documents in a lawsuit brought by 10 Gombak voters against their MP for alleged deception and breach of fiduciary duty were not delivered to Chief Minister Azmin Ali according to procedures, a lawyer said.
Nizamuddin Hamid, representing Azmin, said lawyer Yohendra Nadarajan’s claim that the documents were delivered to his client is “completely false and inherently misleading.”
“The lawsuit was handed over to a person at the Azmin service center. As such, it is a disservice and a flagrant violation of court rules, ”he said in a statement.
Nizamuddin said that a subpoena must be served according to the procedures set forth in the court’s rules.
“This is common practice, and we are surprised that he (Yohendra) saw fit to announce that the documents were delivered to Azmin on December 1,” he added.
He responded to reports Monday quoting Yohendra as saying that no attorney for Azmin appeared in court during the handling of the case in the lawsuit.
Nizamuddin said there has been no effort to personally deliver the documents on Azmin to his home or office at the Ministry of International Trade and Industry.
He said Yohendra did not write to Azmin to request an appointment to perform the service.
“Azmin respects the judicial system and if the plaintiffs had served the claim through the applicable procedures provided by law, he would have appeared without delay,” he added.
Yohendra said that the Deputy Clerk of the Superior Court, Maslinda Selamat, had asked her to submit an affidavit of service to show that the legal documents had been served on Azmin.
Maslinda has set January 14 for another case management.
Voters want a statement that Azmin, as trustee, owes them a fiduciary duty as an elected representative.
They also want a statement that Azmin committed the crime of deception against them and violated his constitutional oath under Article 59 (1), read in conjunction with Annex 6 of the Federal Constitution.
In their claim statement filed last month, the plaintiffs contend that Azmin made a statement that he was running for election in 2018 to overthrow the then-Barisan Nasional coalition and rid Malaysia of corrupt officials.
They said that Azmin caused the collapse of the Pakatan Harapan government in February by joining the Perikatan Nasional administration, which included BN and individuals that Azmin himself had acknowledged were “credibly accused of corrupt practices.”
They added that Azmin, the former vice president of the PKR, had pledged to comply with the PH 2018 electoral manifesto to address, among others, BN’s crimes when he formed the federal government.
