Ain, dad object to govt lawyers defending teacher, ex-HM in private suit

 

Ain Husniza and Saiful Nizam Ab Wahab said the federal counsel’s action to act for the ex-headmistress was also wrong as she was no longer a public servant at the time the suit was filed.

GEORGE TOWN: Teenager Ain Husniza Saiful Nizam and her father have objected to government lawyers representing two persons they are suing and countersuing in their personal capacity, calling it wholly unacceptable.

This was after a senior federal counsel (SFC) entered his appearance to defend Ain’s schoolteacher and a former headmistress of her school – who were named defendants in the suit.

In an affidavit, Ain and her father, Saiful Nizam Ab Wahab, said it was “improper” and irregular for the SFC to act for them since the teacher and headmistress were sued in their personal capacities.

They said before government lawyers represent a public servant in a personal capacity, the attorney-general’s chambers must first serve a certificate allowing to do so, and this was not done in this case.

They said the SFC’s action to act for the ex-headmistress was also wrong, as she was no longer a public servant at the time the suit was filed.

Lawyer SN Nair, who submitted the application on their behalf, confirmed that the affidavit was filed at the sessions court in Klang recently.

“The government’s voluntary intervention to defend the teacher and the headmistress who were sued in their personal capacities is most outrageous and unfathomable.

“Especially when the teacher himself had initiated the private suit against Ain, a minor, and her father. How can public money be spent to defend private suits?” he told FMT.

Khairul Nizam Sanuddin, 43, a teacher at SMK Puncak Alam, sued Ain and her father for making alleged defamatory remarks against him on social media and through press interviews later.

Ain and her father, in response, filed a counter-suit against Khairul, and further named the school’s former headmistress, Sarimah Mohammed Nor, Selangor education director Anismah M Noh, education minister Radzi Jidin and the federal government as defendants.

The countersuit against them were, among others, for tort of intentionally inflicting emotional distress over rape jokes allegedly made during a physical education class at the school and in the aftermath. - FMT