KOTA KINABALU – The high court here today found a teacher, a former school principal, the Education Ministry (MoE), and two others to have breached their statutory duty by denying three students English lessons six years ago.
High court Judge Leonard David Shim ruled in favour of the students in a judgement on Tuesday that was released to the media today, holding that the English teacher’s absence from classes had caused hardship, loss, and emotional injury to the students.
The judge also ordered the defendants to pay RM30,000 to each of the plaintiffs and an additional RM20,000 for aggravated damages, with an annual interest of 5% from the date of judgement until settled.
The plaintiffs are former students Rusiah Sabdarin, Nur Natasha Allisya Hamali and Calvina Angayung, who are all now 22.
They were students of SMK Taun Gusi, Kota Belud when their English teacher, Mohd Jainal Jamran, was absent from class for several months in 2017.
Besides Jainal, other defendants in the suit are Suid Hanapi, who was principal of SMK Taun Gusi at the time, the Sabah education director, MoE director-general, the education minister and the Malaysian government.
Judge Shim in his ruling said he found that the plaintiffs had proven on a balance of probabilities that Jainal was consistently absent for many days from their English classes from March to July 2017 and was absent throughout the months or period from July 18 to October 2017.
He also took note that the students were scolded by the school principal after they had complained about Jainal’s absence from classes.
The student also said he had leaked the final exam English test paper for the school the same year.
Shim had also noted that the Education Act 1966 does not grant legal immunity against civil liability for violating Section 19 of the same act which pertains to the duty of schools to prepare students for examinations.
“Although no criminal liability is imposed for violating Section 19 of the Education Act, the court determines that the defendants bear civil liability for their failure to fulfil their statutory duty as employees, servants, or agents of the Malaysian government.
“This failure resulted in hardship, loss, and emotional injury to the three students,” he said.
Shim also noted that during the trial, the defendants had failed to produce the “Buku Kawalan” or attendance book as material evidence to refute the plaintiffs’ claims of his absence from classes.
“Sufficient time was given to the defendants to produce the missing Buku Kawalan when the trial was adjourned a few times but to no avail,” Shim said in his judgement.
Thirteen witnesses testified during the trial which started from September 2022.
Reacting to the court judgement, one of the plaintiffs, Rusiah, said she now hoped the ruling would serve as a lesson for all. She also urged the education authorities to monitor their teachers.
“They (MoE) should take student complaints seriously and not only receive them but also take appropriate action.
“My hope also is for students to be brave in voicing their concerns and understanding their rights as students,” she said.
All three plaintiffs expressed their thanks to the Tiada Guru (No Teacher) Campaign group, lawyers, non-governmental groups, parents, friends and communities who had supported them throughout the trial.
Senior federal counsel Mohd Hafizi Abd Halim, together with federal counsel Fazrul Fardiansyah Abdul Kadir, acted for the defendants during the trial. – The Vibes, July 19, 2023
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