According to Bernama, judicial commissioner Hazizah Kassim today granted the 13-year-old pupil’s appeal against the Selayang sessions court’s dismissal of his case against the 60-year-old teacher, who was named the first defendant.
However, Hazizah upheld the decision of the sessions court to dismiss the suit against the headmaster of the school in Selayang and the government, who were named as the second and third defendants.
She said there was a clear error in this case which allowed the High Court to intervene.
“Thus, this (high) court sets aside the decision of the sessions court and orders the first defendant to pay general damages of RM15,000 in addition to RM70,000 in exemplary damages and RM5,000 in costs,” she said.
The court also ruled that the second and third defendants were not liable for the action of the first defendant.
On March 20, the Selayang sessions court dismissed the suit on the ground that the plaintiff failed to prove his claim against the three defendants.
The lawsuit was initiated on Oct 17, 2022 by the boy after he alleged that he and another student witnessed the teacher chasing another classmate while holding a broomstick during a Malay language lesson on Oct 18, 2019.
The plaintiff claimed the teacher suddenly struck him on the head with the broomstick as he was returning to his seat, resulting in significant bleeding which required five stitches.
The plaintiff’s father then lodged a police report regarding the incident the same day and requested an explanation from the teacher, who claimed that the boy was hit 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 during his tenure at the school and throughout school sessions directly led to the injuries inflicted by the teacher.
In the judgment, Hazizah said the court was of the opinion that it was not appropriate for the teacher to use a broom to scare her students into complying with her.
“Every educator should be aware of a child’s right to protection under the law,” said Hazizah.
“This case is very regrettable and should not have happened in a school, which is an institution meant to educate children.”
Azmer Md Saad and Nur Zalikha Noor Kashfi represented the plaintiff, lawyers Ruslan Hassan and Zali Shaari represented the teacher, while senior federal counsel Nur Aifaa Che Abdullah acted on behalf of the school headmaster and the government.