THE Kuala Terengganu Sessions Court has dismissed the suit of a former student who was arrested for hiding an iPhone in her underwear during a Malaysian Certificate of Education (SPM) mock examination in Terengganu six years ago.
Judge Wan Nor Aklima Wan Salleh decided after finding that the teacher's actions in conducting a surprise inspection during the examination were reasonable and appropriate.
The case arose from an SPM mock examination for Home Science at SMK Sura, Dungun, on October 25, 2020, reported Berita Harian.
The court was informed that the teacher conducted a surprise inspection after receiving complaints from several other students who suspected the plaintiff of cheating while answering the examination paper.
As a result of the inspection, a gold iPhone 6 was found hidden in the student's underwear.
The phone was then confiscated and labelled as evidence of cheating allegations.
Further inspection of the device revealed notes and reference materials related to the mock exam, including documents containing questions related to the exam paper being taken.
Following the discovery, the school awarded one per cent marks for several subjects in the mock exam in accordance with school examination regulations.
Despite later expressing regret, the woman, who is now 23 years old, through her father filed a lawsuit against two teachers, the school principal, the Director-General of Education and the government for alleged negligence, improper search and defamation.
The plaintiff claimed that she was humiliated by the improper body search in front of other students, in addition to claiming that the plagiarism allegations had damaged her reputation and caused her emotional distress.
However, Wan Nor Aklima, in her reasons for judgment dated March 5, stressed that the entire incident stemmed from the plaintiff's own misconduct for bringing the device into the examination hall.
"The plaintiff claimed that she kept the phone in her underwear because she was afraid that it would be lost if left outside the hall.
"Why did she have to put it in her underwear? Why not in her shirt pocket? In the court's opinion, this was a planned and not a spontaneous action.
"The plaintiff had exercised poor judgment and taken a huge risk by bringing the phone into the examination hall," she said.
The judge also questioned how the plaintiff was able to obtain trial examination papers for several subjects a year in advance.
"What happened during the inspection and seizure of the phone is not unusual in a school environment.
"However, what is more surprising is that the plaintiff had the 2020 SPM trial examination papers along with answer schemes for several core subjects. For the court, this is a real issue that seems to have been overlooked by all parties," she stressed.
The court also found that the examination was conducted in a closed chamber with only female teachers present and that there was no inappropriate physical contact.
Regarding the defamation claim, the judge said that the teacher's statement regarding the alleged copying was made in the context of a disciplinary investigation and was protected by qualified privilege.
The court ordered the plaintiff to pay costs of RM10,000 to the defendant. It is understood that the plaintiff has filed an appeal against the decision to the High Court.
In the proceedings, the plaintiff was represented by lawyer Hisyam Yusof, while Nik Rabi'atul Adawiyah Soupy and Muhammad Faizuan Khalid from the Terengganu State Legal Adviser's Office represented the defendant. – March 11, 2026
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