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KUALA LUMPUR: Ten Gombak voters are suing their MP Datuk Seri Azmin Ali (photo) for alleged deception and breach of fiduciary duty for leaving the Pakatan Harapan coalition and joining the National Alliance.
The group – Affandy Abd Raof Faiz, B. Balasuntharam, Fatimah Begum Abu Bakar, Koo Kim Seng, Mazidah Mohd Noor, Md Yusof Ismail, Muhammad Safwan Md Anuar, R. Prasath, S. Ramaksihnan and PM Subasini – filed the lawsuit through by Messrs. Yohendra Nadarajan on November 27.
The plaintiffs, aged between 36 and 67, named the chief minister as the sole defendant.
A check on the electronic filing system showed that the lawsuit has been arranged for case management before Undersecretary Maslinda Selamat.
In the class claim statement seen by The star on Tuesday (December 1), they said the defendant had breached his fiduciary duties and obligations as trustee, owed to them, by orchestrating, participating or otherwise being involved in the “Sheraton Movement.”
“The defendant decided to leave Pakatan and work together with Barisan Nasional with a view to overthrowing the then Pakatan-led Federal Government.
“The defendant worked alongside Barisan leaders, including leaders who were or are facing criminal charges, for this purpose.
“This led to the defendant being expelled from PKR. The defendant joined Bersatu after Bersatu decided to work with Barisan to form a new Federal Government, ”they stated.
The group stated that on April 27, 2018, the defendant announced on his Facebook page that he would compete for the Gombak and Bukit Antarabangsa seats as a member of Pakatan.
They claimed that Azmin had made the statements that he would remain a member of PKR and that his main objective for contesting was to ensure that Barisan, especially Umno, did not form the Federal Government.
“The representations were made by the defendant knowingly to induce the plaintiffs to vote for him as a candidate for PKR and Pakatan,” they stated.
They said Azmin won the seats, but the promised reforms stalled or fell back after he orchestrated or participated in the change of government as a result of the “Sheraton Motion.”
The group seeks a statement that the defendant had a fiduciary duty with respect to his relationship with his constituents, including the plaintiffs, that he had violated their statements and that he had committed an unlawful act of deception against them.
They also request a statement that the accused had violated his constitutional oath under Article 59 (1) read in conjunction with Annex 6 of the Federal Constitution.
They want damages, including aggravated or exemplary damages, interest, costs, and other orders that the court deems appropriate.
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