Malaysia

AG called to pull govt involvement from Ain Husniza suit

Teresa Kok says federal counsel should not represent private parties

Updated 4 years ago · Published on 05 Jun 2022 12:59PM

AG called to pull govt involvement from Ain Husniza suit
In an affidavit, Ain Husniza and father Saiful Nizam said government lawyers must have a certificate from the Attorney-General’s Chambers before representing the teacher in a civil suit, and there was none in this case. – Bernama pic, June 5, 2022

KUALA LUMPUR – Attorney-general Tan Sri Idrus Harun has been taken to task after a revelation that a senior federal counsel will appear to represent the two defendants in a suit by teenager Ain Husniza Saiful Nizam and her father. The defendants are alleged to have made rape jokes in class.

DAP lawmaker Teresa Kok said she was shocked to know of the government’s involvement in the civil proceeding, seeing that Ain Husniza is a teenager who is forced to defend herself in a countersuit.

She is urging the attorney-general to withdraw representation in the civil suit and stick to only representing government entities.

“Ain did not start any legal action even though it is within her rights to do so, instead she and her father had been sued by the teacher.

“Clearly, this is a civil suit between the two parties. How can a government lawyer represent private entities, civil servants and civil retirees? A senior federal counsel should be limited to representing government entities. 

“Is it sensible for a government lawyer to side with a male teacher who allegedly made rape jokes in class? This sends the wrong message to teachers and educators,” she said in a statement today.

Yesterday, Free Malaysia Today reported that the father-daughter duo objected to government lawyers representing the two defendants – a teacher and a former school principal.

In an affidavit, Ain Husniza and father Saiful Nizam said government lawyers must have a certificate from the Attorney-General’s Chambers before representing the teacher in a civil suit, and there was none in this case.

Meanwhile, the former principal was no longer a civil servant when the suit was filed.

Last November, physical education teacher Khairul Nizam Sanuddin in his statement of claim filed at the Shah Alam sessions court contended that Ain Husniza’s statement on TikTok was defamatory.

He also claimed that other statements made later by the teen and her father on social media and media interviews were also defamatory, despite the duo not naming Khairul.

This resulted in them filing a countersuit naming Khairul, former principal Sarimah Mohammed Nor, Selangor education director Anismah M Noh, Education Minister Datuk Mohd Radzi Md Jidin and the federal government. 

In April last year, Ain Husniza had spoken out about an incident in which her teacher allegedly made rape jokes in class.

DAP lawmaker Teresa Kok (front, left) says she was shocked to know of the government’s involvement in the civil proceeding, seeing that Ain Husniza (front, centre) is a teenager who is forced to defend herself in a countersuit. In April last year, Ain Husniza had spoken out about an incident in which her teacher allegedly made rape jokes in class. – Bernama pic. June 5, 2022
DAP lawmaker Teresa Kok (front, left) says she was shocked to know of the government’s involvement in the civil proceeding, seeing that Ain Husniza (front, centre) is a teenager who is forced to defend herself in a countersuit. In April last year, Ain Husniza had spoken out about an incident in which her teacher allegedly made rape jokes in class. – Bernama pic. June 5, 2022

Subsequently, she and her father filed a police report regarding the incident. However, police announced that the matter was classified as no further action.

On August 6, she was summoned to the Sg Buloh district police headquarters for questioning over investigations under Section 504 of the Penal Code for intentionally insulting with the intent for such provocation to threaten public peace. – The Vibes, June 5, 2022

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