Counterclaim: Ain Husniza suffered ‘nervous shock’ over lewd class banter

 

Ain Husniza Saiful Nizam and her father contended that a teacher’s defamation suit against them was done with the intent to cover up the truth behind an alleged lewd classroom banter.

This is among the allegations contained in a counterclaim and statement of defence by the 17-year-old student (above, right) and her father, Saiful Nizam Ab Wahab, over the school controversy that exploded nationwide last year.

SMK Puncak Alam’s former teacher Khairul Nizam Sanuddin, the high school’s principal Sarimah Mohammed Nor, Selangor state education director Anismah M Noh, Education Minister Mohd Radzi Jidin and the government are listed as the first, second, third, fourth and fifth defendants in the counterclaim.

Previously, it was reported that Khairul Nizam filed a defamation suit against the father and daughter over a TikTok video alleging classroom sexual harassment.

Lawyer Sankara Nair, who represents Ain Husniza and her father, aged 42, previously said that they would be filing a counterclaim against the teacher, aged 43.

It was reported that Khairul Nizam had since been temporarily transferred to the Selangor Education Department, pending the completion of a police investigation into the matter.

According to a copy of the counterclaim filed at the Klang Sessions Court on March 4 and sighted by Malaysiakini, Ain Husniza and her father (first and second plaintiffs in the counterclaim) contend that the lewd banter in the classroom was done with malice and full knowledge of its implications.

The teacher's civil action was originally filed at the Shah Alam Sessions Court and has since been transferred to the Klang Sessions Court.

‘Lewd banter normalises rape jokes’

The father and daughter claimed that the teacher should have been more sensitive over the adverse effect of the lewd banter on the student and other female students.

They claimed this is due to the physical and health class session then, which was the first time that male and female students were gathered together for the same lesson.

The plaintiffs claimed that the sexual joke was not only extreme that it exceeded “mere insult, annoyance and petty oppression, but it was also outrageous to be beyond all possible bounds of decency”.

They contended this is because the lewd banter cultivates, promotes and normalises sexual and offensive jokes about rape.

Ain Husniza Saiful Nizam (right) and her father Saiful Nizam Ab Wahab

The plaintiffs also contended that due to the deeply oppressive and psychologically damaging sexual joke, Ain Husniza suffered from emotional pressure and nervous shock.

The plaintiffs claimed that this is all the more so as Khairul Nizam was entrusted with the responsibility to impart teachings on the impact of sexual harassment and how to prevent it.

“However, during the class session, the first defendant had intentionally or recklessly, without provocation and with clear intent, to cause embarrassment and maximum indignance on the modesty of every student, including the first plaintiff, with the sexual banter.

“It is obviously apparent and foreseeable that the sexual joke would cause embarrassment against students, especially female students including the first plaintiff.

“The plaintiffs contend that it is clearly shown that the first defendant was deliberately mischievous in uttering the sexual joke,” Ain Husniza and Saiful Nizam claim.  

“The plaintiffs plead that the first defendant’s suit and action is merely an attempt to hide the truth behind the lewd banter by pleading false and fabricated fact (allegation) that the ‘plaintiff’ (Khairul Nizam, who is the plaintiff in the main defamation suit against the father and daughter) was playing a victim.

“Based on the facts above, the plaintiffs thereby claim against the first defendant over the emotional pressure and nervous shock caused by the first defendant’s action which was intentional, reckless, and/or negligent under Section 3 of the Civil Law Act 1956, and further claim against the second, third, fourth and fifth defendants for vicarious liability over the action of the first defendant,” Ain Husniza and Saiful Nizam contend.

Aftermath jeopardised physical, mental health

The duo also claimed that following the incident, the student suffered extreme fright, sadness, humiliation, anxiety and constant threats of violence and personal injuries.

The plaintiffs contended that the threats contributed to Ain Husniza’s insomnia or inability to sleep, which jeopardised her mental, physical and psychological health.

The duo claimed that the constant threats caused Ain Husniza to not attend school for several days, which in turn allegedly led to SMK Puncak Alam issuing a warning letter against her, with the threat of expulsion.

They contended that this led to Saiful Nizam transferring his daughter to a private school that offered a more safe and more conducive learning environment.

“Due to the warning letter (when Ain Husniza was still registered as a student with SMK Puncak Alam), the first plaintiff suffered very serious emotional pressure with her studies.

“The plaintiffs contend that the first plaintiff was unable to focus on her studies and preparation for Sijil Pelajaran Malaysia (SPM) due to an unstable mind.

“The first plaintiff constantly had blackouts and/or absent-minded(ness). The recurring absent-mindedness not only affected her studies but also caused bad academic performance,” they claim.

Through the counterclaim, Ain Husniza and her father are seeking general, special, compensatory, aggravated and exemplary damages.

The duo is also seeking a five percent annual interest on the damages awarded, to be calculated from the date of filing of the counterclaim until full settlement.

They also seek costs and any other relief deemed fit by the court.

The teacher’s civil action, as well as the father and daughter’s counterclaim, are fixed for case management before the Klang Sessions Court on March 21.

Khairul Nizam is represented by lawyers from law firm Rasshidi Ema & Yung.

Counsels from law firm SN Nair & Partners are acting for Ain Husniza and her father. - Mkini