Withdraw counsel in Ain’s private suit against teacher, ex-HM, MP urges AG

Withdraw counsel in Ain’s private suit against teacher, ex-HM, MP urges AG

Seputeh MP Teresa Kok says the government is setting a bad precedent by defending civil servants being sued in their private capacities.

Teresa Kok said the government was endorsing ‘misconduct’ by using its resources to defend a teacher who is alleged to have made rape jokes in front of students.
PETALING JAYA:
A DAP leader has urged attorney-general Idrus Harun to withdraw representation for a teacher and a former headmistress in a suit filed by a schoolgirl and her father against them, as it was a private matter.

The duo from SMK Puncak Alam were named as defendants in a counterclaim suit filed by Ain Husniza Saiful Nizam, a former student from the school, and her father.

Seputeh MP Teresa Kok said senior federal counsels (SFCs) should stick to representing government entities and their staff only on official matters and not suits filed against them in their private capacities.

“It was Ain Husniza who was first sued for defamation by her teacher, Khairul Nizam Sanuddin. Ain, who was at the receiving end of the suit, was forced to defend herself and had to make a counterclaim against the teacher.

“All Ain did was to legitimately express disdain against her male adult teacher who had trivialised rape and left it at that,” Kok said in a statement today.

“She did not initiate any legal action, though it was within her rights. But she and her father were sued by the teacher. Clearly, this is a private suit between teachers and their ex-student,” she said.

Kok said it was totally unacceptable for a government lawyer to act for a civil servant and a pensioner facing civil suits.

She also contended that the action by the government to use its resources to defend an adult male teacher who allegedly made rape jokes to young male and female students in a class is tantamount to endorsing “misconduct” by its employee.

“This sends a wrong message to the teachers and educators,” she added.

Yesterday, FMT reported that Ain Husniza and her father, Saiful Nizam Ab Wahab had objected to government lawyers representing Khairul and Sarimah Mohammed Nor, as they had sued and were being countersued in their personal capacities.

In an affidavit filed recently, they also claimed the SFC’s action to act for the ex-headmistress was wrong, as she was no longer a public servant at the time the suit was filed.

Khairul, 43, sued Ain and her father for allegedly making 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 Sarimah, 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.

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