Parents question police probe into child punishment case, claim deviated from objective

The family of a primary school student, who they claimed had been assessed as person with disabilities (OKU) by doctors, want the authorities not to deviate from the main issue, which has left their son in the current condition.

Dayalan Sreebalan, the spokesperson for the family said, the authorities are now more focused on the student's disabilities rather than the offence committed by the teacher, who punished the 11-year-old pupil by making him stand under the hot sun for more than two hours. 

"The initial police report made by the mother was on the punishment meted out by the teacher on the student and nothing about the child's OKU status. 

"But the police's investigation now is more focused on the boy's status as an OKU, which they are now trying to imply that he had developed the condition prior to the incident," he told a press conference today. 

Dayalan said the initial police report was made by the mother, Mogahana Selvi, on April 30.

On May 25, Ampang Jaya police chief Azam Ismail said that the police had completed investigation into the mother's allegation and that the investigation paper had been referred to the public prosecutor's office for further action. 

Dayalan, however, said that the investigating officer (IO) had recently asked Mogahana to come and give further statements on the case. 

"When giving the statement, the IO had asked the mother who declared the son as OKU.

"We also obtained information from a source alleging that the police had collected the boy's school curricular records from standard one to four. 

"Why does the police want to take more statements when the police chief said that the investigation is completed? And why does it have to be on the boy's school records?

"Is this to possibly suggest that the boy had disabilities prior to the incident?" Dayalan asked. 

Dayalan reiterated that the authorities are now trying to shift the case from the initial course. 

"The case here is that the boy had suffered heat exhaustion as he was asked to stand under the hot sun for more than two hours. 

"So, the investigation should be on how such a punishment, which had been prohibited by the ministry, is still carried out in public schools," he said. 

Dayalan, citing Education Minister Fadhlina Sidek's special officer Thiyagaraj Sankaranarayanan Facebook post, questioned the lack of action on the teacher despite him agreeing that the teacher has breached the Ministry's Professional Circular No.7/1995 Procedures on Punishment and Disciplinary Action on Students. 

The circular reminded schools against flying into a rage and jumping to rash conclusions without proper investigation, also saying that torture and public insults should be avoided. 

Last week, it was reported that a Year Five student from a school in Ampang had suffered a heatstroke after he was allegedly ordered by the teacher to stand under the hot sun for more than two hours as a form of punishment.

Mogahana claimed that Ampang Hospital had already given the family reference letter for her son after he was assessed as PwD by doctors. The parents were in the process of obtaining an OKU card for him.

Dayalan also pointed out that there was something dubious in the case as the doctor who previously assessed the boy as PwD is claimed to no longer be in the hospital.

He said that the previous doctor’s appointment scheduled in December was brought forward to May 30, and was handled by a completely different doctor.

He added that the doctor was trying to put word into the mother’s mouth by questioning about the boy’s intellectual level.

“The boy is poor in his Bahasa Malaysia but that doesn’t make him disabled. The school can improve this,” he quipped.

“So, is the doctor trying to imply that those who are poor in academics are PwDs?”

“Furthermore, the doctor said because of the police case, she has to postpone further assessment of the child’s disabilities to two months later. Why is that so” he said.

Dinesh Muthal, the lawyer representing the family, said if the boy had been a disabled person before, it is unlikely that the school overlooked it.

“Never once have they suggested that he was disabled or so previously,” he said.

Dinesh also alleged that the IO did not handle the case well and is now demanding for an officer with a rank of inspector to take over the case.

He said that the victim’s classmate, a witness in this case, has been exposed to the teacher by the IO and this had led to the student being threatened.

He said this took place in a close-door meeting between the school’s administration and the parents of the victim.

“The witness was threatened by the teacher in front of the IO and the family, saying something that goes by ‘you shouldn’t interfere in this as this is not your job’,” he said.

Dinesh claimed that this is an element of witness tampering.

“This should not be happening. The teacher, who had committed the offence, is still teaching in the school, so as the witness.

“The witness facing the suspect should only happen in court. Why the IO took matters in her own hands.

“This should not have happened. The witness, a child, should be protected and not threatened.,” he said. – The Vibes, June 5, 2024