Student loses abuse case against teacher

The parents of the boy who filed a lawsuit against his former teacher attended proceedings at the sessions court. (Bernama pic)

PETALING JAYA: A former Year 2 pupil at a national school in Selayang has failed in his lawsuit against his then teacher, in which he alleged that she had struck him across the head with a broom, requiring him to have five stitches.

Selayang sessions court judge Nor Rajiah Mat Zin dismissed the lawsuit brought by the boy, who is now 13, against the 60-year-old teacher, the school principal and the government, who were named as the first to third defendants, Bernama reported.

“The court finds that the plaintiff has failed to prove his claim. Therefore, the court dismisses the claim with costs of RM5,000 to be paid to the first defendant and RM5,000 to be paid to the second and third defendants,” the judge said.

According to Nor Rajiah, witness testimony could not corroborate the plaintiff’s story.

“It is only supported by the testimony of the plaintiff’s witnesses – the investigating officer and the plaintiff’s father, who were not present at the scene.

“Therefore, the plaintiff failed to prove his case on the balance of probabilities,” Nor Rajiah said.

Azmer Saad appeared for the plaintiff, while the teacher was represented by Baharuddin Ahmad Kassim and Zali Shaari, and senior federal counsel Nur Aifaa Che Abdullah acted on behalf of the principal and the government.

Azmer said his client would file an appeal at the Shah Alam High Court, either today or tomorrow.

The trial began last year, during which three witnesses for the plaintiff and eight witnesses for the defendants testified.

The plaintiff began the lawsuit on Oct 17, 2022. He claimed that during a Bahasa Malaysia lesson on Oct 18, 2019, when he was eight years old, he and another student witnessed the teacher chasing another classmate while holding a broomstick.

The plaintiff claimed that as he was returning to his seat, the teacher suddenly struck him on the head with the broomstick, resulting in significant bleeding that required five stitches.

The plaintiff’s father lodged a police report at 6.45pm the same day and requested an explanation from the teacher, who claimed the boy had been struck because he was not in his seat during the lesson.

The plaintiff contended that the collective failure of all defendants to ensure his proper guidance and safety in school and throughout the school sessions directly led to the injuries inflicted by the teacher.

In her defence, filed on Dec 20, 2022, the teacher denied all claims of hitting the boy or any other student with a broom.

The teacher said the injuries stemmed from the boy’s own actions, stating that while he was attempting to manoeuvre between the teacher’s desk and the whiteboard, he bumped into the wooden ledge of an old blackboard, which was behind the whiteboard. - Mkini