Judge Akhtar Tahir said the court will make an assessment from witnesses’ testimonies presented before the court.
“Whether these representations were made (by Azmin) and whether they amount to ‘misrepresentations’ can only be determined at the end of the trial.
“This is a case which cannot be summarily disposed of or struck off,” he said in his written judgment.
Earlier this year, Akhtar rejected Azmin’s application to strike out the lawsuit by 10 Gombak voters against him over alleged breach of his fiduciary duties. He also set June 7 to 10 next year to hear the case.
The voters 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 said Azmin caused the collapse of the Pakatan Harapan government last year 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 senior minister for international trade and industry in Ismail Sabri Yaakob’s Cabinet. He is also a Bersatu Supreme Council member.
Akhtar also rejected arguments from Azmin’s lawyers that the latter had the right of association under the Federal Constitution to join any political party of his choice as well as his contention that the election manifesto was not a legally binding document.
“The plaintiffs’ claim against the defendant is on his alleged misrepresentation, and not on the election manifesto or questioning his freedom of association,” he said.
Azmin has since filed an appeal against the High Court’s refusal to strike out the voters’ lawsuit.
In his appeal, he contended that the election manifesto was not enforceable under the law, based on a 2013 Court of Appeal case where a group of single mothers sued the then Pakatan Rakyat-led Selangor government for failure to keep its election promises.
The appeals court set Dec 1 for further case management of Azmin’s appeal.