Ain's suit: Govt lawyer seeks to withdraw from representing teacher

A federal counsel from the Attorney-General’s Chambers (AGC) moved to withdraw from acting for a teacher targeted in a countersuit by former school student Ain Husniza Saiful Nizam.

The application was filed at the Klang Sessions (Civil Jurisdiction) Court this afternoon.

This followed on the heels of brickbats from lawmakers over the government lawyer representing the teacher, who was also suing the teenager over an allegation of lewd classroom banter.

On June 4, Ain and her father, Saiful Nizam Ab Wahab, filed an affidavit in which they said it was “improper” and irregular for the federal counsel to act for the teacher as he was being sued in a personal capacity.

Teacher Khairul Nizam Sanuddin is suing the father-daughter duo for defamation in relation to a TikTok video alleging rape jokes being made during a class session.

Ain and Saiful Nizam, in turn, had initiated a counterclaim against the teacher and the former headmistress over the school controversy that exploded last year.

According to the filing sighted by Malaysiakini today, the AGC seeks to stop representing Khairul Nizam in the counterclaim by the father-daughter duo.

In an affidavit in support of the withdrawal bid, federal counsel Muhammad Muhairi Mohamed Noh said that this was being done as the teacher was still being represented by his lawyer in the matter.

“There existed overlapping (pertindihan) in the representation of the first defendant (Khairul Nizam Sanuddin), and this application does not trigger any prejudice against any party in the matter,” he said.

In filing their counterclaim in March, Ain and her father contended that the teacher’s defamation suit against them was done with the intent to cover up the truth behind the alleged lewd classroom banter.

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

Khairul Nizam was temporarily transferred to the Selangor Education Department while police investigated the matter. They later classified the case as no further action.

The teacher’s civil action was originally filed at the Shah Alam Sessions Court but was later transferred to the Klang Sessions Court. - Mkini