KUALA LUMPUR: Ten voters in Mohamed Azmin Ali’s Gombak constituency who alleged that he had breached his fiduciary duties as their MP have applied to strike out part of his defence for including Anwar Ibrahim’s alleged sexual misconduct and practice of nepotism in PKR.
In their application filed by Messrs Yohendra Nadarajan at the High Court here yesterday, they said that these issues did not disclose a reasonable defence against their case and were irrelevant.
Further, the voters said, they did not arise from statements filed in their statement of claim last year.
“Paragraphs 13 to 20 of the defence are statements which are outrageous, degrading in nature and are done with the intention to paint a bad picture, simply to prejudice a party that is not named in this suit,” they said in reference to Anwar.
The plaintiffs said it was improper to use Anwar’s name in this case, “especially when he is a famous person, without scrupulously observing the principles and rules of pleading”.
They said the inclusion of irrelevant matters would also delay the trial, and that the defence was made solely to harass and embarrass Anwar.
One of the plaintiffs, Affandy Abd Raof Faiz, has also filed an affidavit in support of the application.
Early this month, Azmin filed an application to strike out the plaintiffs’ suit on grounds that it did not disclose a reasonable cause of action, and that it was defamatory, frivolous, vexatious or led to an abuse of the court process as well as was ultra vires the Federal Constitution.
Case management will be held today before deputy registrar Maslinda Selamat for parties to obtain further instructions.
The voters, who filed the action in November, said Azmin owed a fiduciary duty and was a trustee to his constituents.
They contend that Azmin left PKR and orchestrated the infamous Sheraton Move for his own gain and political advancement, not for the benefit of his constituents.
They said Azmin need not know his constituents individually for him to exercise the fiduciary duty because they voted for him based on the principle that an MP served all people in the seat.
The plaintiffs said the Sheraton Move brought no benefit to the Gombak constituency.
Azmin had also claimed in his defence that whatever representation he made in the election manifesto before the 14th general election (GE14) was not binding on him as it was merely a statement of intent and policy.
The plaintiffs said they were sadly disappointed by Azmin’s deceitful and unlawful conduct.
They also want a declaration that Azmin had violated his oath of office to protect, preserve and defend the Federal Constitution.