Faced with a defamation suit and police probe, Form 5 student Ain Huszniza Saiful Nizam today expressed hope that she would see the end of the case sparked by her experience exposing a male teacher who had allegedly made lewd jokes in class.
Speaking to reporters outside the Sungai Buloh district police station, Ain admitted she was initially scared to be questioned, although the police were “very nice” and professional in their conduct.
“The police were very nice, they were professional. My father and I will be cooperative towards the investigation.
“I really hope to see the result of this case,” she said.
Quizzed on her feelings, Ain said, “I was very nervous, very scared, as much as a 17-year-old would feel at this moment.”
“I can tell you all I want is safety in school. Nothing more. I don’t mean to insult any parties, defame any parties, I just want schools to be safe.
“It is our right as students to have safety in schools and that is what I’m fighting for right now,” she said in a recording made available to Malaysiakini, urging support for her #makeschoolasaferplace movement.
Ain was accompanied by her father, Saiful Nizam Abdul Wahab, and counsel Sankara Nair.
When contacted, Sankara confirmed that Ain was questioned for about 30 minutes under Section 504 of the Penal Code in relation to her TikTok video.
The section states “whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to two years with fine or both.”
Sankara said the police report against Ain was lodged three months ago and his clients were later served with a letter of demand seeking, among others, an apology and monetary compensation of RM1 million.
In response, Sankara said his clients would be filing a RM5 million counter-suit with a formal letter of demand to be served on Monday.
Ain and her parents confirmed on Wednesday they had received a letter of demand for “defamatory statements” made in relation to her expose.
Further, Sankara said he would be advising his clients on possible further actions following police confirmation that the deputy public prosecutor has decided on no further action against the teacher.
Sources later revealed among reasons cited by the DPP included that there was not enough criminal elements to press charges, following a probe under various laws, including Sections 11, 12, and 15 of the Sexual Offences Against Children Act 2017 (SOACA), and also under Sections 509 and 294 of the Penal Code.
On April 24, Ain posted a video on TikTok where she said a male teacher had made jokes about rape during a physical and health education class, prompting widespread outrage on social media. This included allegedly telling the boys in class that if they commit rape, they should target those above 18.
Since going public with her story, Ain has gained supporters but also suffered criticisms and threats, including a rape threat from a fellow classmate, who later apologised for his remark. - Mkini
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