In their counterclaim responding to the former teacher’s defamation suit, they said his lewd jokes caused her “nervous shock”.
The defamation suit, filed by former SMK Puncak Alam teacher Khairul Nizam Sanuddinin, came after Ain uploaded a video on TikTok in which she claimed Khairul Nizam had joked about rape in class.
According to the counterclaim filed at the Klang sessions court on March 4, Ain and her father said the teacher’s defamation suit was intended to cover up the truth behind the incident.
Khairul Nizam, school principal Sarimah Mohammed Nor, Selangor state education director Anismah M Noh, education minister Mohd Radzi Jidin and the government are listed as the defendants in the family’s counterclaim.
The pair alleged that Khairul Nizam was aware of the implications of his comments, and said he should have been more sensitive to the effect they could have on his students.
They asserted that the comments “promote and normalise sexual and offensive jokes about rape”.
Khairul Nizam’s conduct, they said, caused Ain to suffer from emotional pressure and nervous shock, and it was “obviously apparent and foreseeable that the sexual joke would cause embarrassment to students, especially female students including (Ain)”.
Ain and her father also stated the family’s contention that Khairul Nizam had committed the tort of sexual harassment against her despite being aware at the time that his role required a “high degree of decency and sensitivity”.
They also accused the teacher of criminal misconduct, including violations to various parts of the Penal Code, the Child Act (Amendment) 2016 and the Sexual Offenses against Children Act 2017.
They are seeking general, special, compensatory, aggravated and exemplary damages, as well as 5% annual interest on the damages to be decided, calculated from the date of their filing to settlement.
The teacher’s suit 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, while Ain and her father are represented by SN Nair & Partners.