Azmin yet to be properly served with Gombak voters' suit - lawyer
Azmin Ali has yet to be properly served with court papers of a suit by a group of Gombak voters, claimed the International Trade and Industry Minister’s lawyer.
Nizamuddin Hamid said that contrary to a claim by the constituents’ lawyer Yohendra Nadarajan, the cause papers were only served on a person at the Gombak MP’s service centre on Dec 1.
He alleged that this constituted bad service under the law and that no effort was...
Azmin Ali has yet to be properly served with court papers of a suit by a group of Gombak voters, claimed the International Trade and Industry Minister’s lawyer.
Nizamuddin Hamid said that contrary to a claim by the constituents’ lawyer Yohendra Nadarajan, the cause papers were only served on a person at the Gombak MP’s service centre on Dec 1.
He alleged that this constituted bad service under the law and that no effort was made by the plaintiffs’ legal team to personally serve the cause papers on Azmin.
Nizamuddin was responding to Yohendra’s reported statement on Dec 28 that Azmin’s lawyers did not turn up for that day’s Kuala Lumpur High Court case management of the legal action.
Yohendra reportedly claimed that this was despite the suit’s court papers having been served on Azmin earlier on Dec 1.
Through a media statement issued today, Nizamuddin alleged that the claim that the cause papers have been served on Azmin was “completely untrue and inherently misleading”.
“The suit was served on a person at Mohamed Azmin Ali’s service centre. As such, it is bad service and is in blatant contravention of the rules of court.
“A writ of summons must be served by the procedures set out in the rules of court. This is a common practice, and we are shocked that he saw fit to announce that the suit had been served upon Mohamed Azmin Ali on Dec 1.
“Furthermore, there has not been any effort to personally serve the suit upon Mohamed Azmin Ali at his home or office at the Ministry of International Trade and Industry.
“The lawyer also did not write to our client seeking an appointment to effect service,” Nizamuddin said.
The lawyer reiterated that Azmin respects the judicial system and insisted that if the plaintiffs had served the suit by the applicable procedures under the law, the minister would have appeared promptly.
Nizamuddin also expressed regret on comments which were made to the media in regards to a matter which is ongoing in court.
It was reported that the 10 Gombak constituents filed the suit against Azmin over an alleged breach of promises made in the run-up to the 14th general election.
According to a copy of the lawsuit, the 10 plaintiffs are seeking a total of nine court declarations, including how their elected representative owes them a fiduciary duty and has breached that duty.
A fiduciary duty typically refers to a relationship between a trustee and a beneficiary.
The plaintiffs alleged that Azmin had violated their trust by working with BN in the “Sheraton Move” political coup to cause the collapse of the Pakatan Harapan federal government despite campaigning and winning his seat on a PKR/Harapan ticket.
Formerly deputy president of PKR, Azmin is now a Bersatu supreme council member.
Are you sure you want to delete this comment?
This action cannot be undone.