KUALA LUMPUR: The Sessions Court here has dismissed a lawsuit by a former Year Two pupil at a Selayang school who alleged that his teacher struck him with a broom, necessitating five stitches on his head.
Sessions Court Judge Nor Rajiah Mat Zin dismissed the lawsuit brought by the 13-year-old boy, represented by his father, against the 60-year-old female teacher, the school principal and the Malaysian government, who were named as the first to third defendants.
"The court finds that the plaintiff has failed to prove his claim against the first, second and third defendants.
"Therefore, the court dismisses the plaintiff's 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," said the judge.
According to Nor Rajiah, based on witness testimony the plaintiff's was present at the scene but this was not corroborated by other witnesses who were present.
"It is only supported by the testimony of the plaintiff's witnesses, namely 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," she said.
The proceedings were attended by the pupil's lawyer Azmer Md Saad, the teacher's lawyers Mohd Baharuddin Ahmad Kassim and Mohd Zali Shaari, as well as Senior Federal Counsel Nur Aifaa Che Abdullah acting on behalf of the principal and the government.
Approached by reporters outside the courtroom, Azmer stated that they would file an appeal against the decision in the Shah Alam High Court.
The trial began last year, where three witnesses for the plaintiff and eight witnesses for the defendants testified.
The lawsuit was initiated on Oct 17, 2022, by the plaintiff, who was eight years old at the time, alleging that during a Malay language lesson on Oct 18, 2019, 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 a cut and significant bleeding, which required five stitches.
The plaintiff's father then lodged a police report regarding the incident at 6.45pm 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 her defence statement filed on Dec 20, 2022, the teacher refuted claims she hit the plaintiff's head or any other students' heads with a broom or parts thereof.
The teacher asserted that the plaintiff's injuries stemmed from his own actions, stating that while he was attempting to manoeuvre between the teacher's desk and the whiteboard, he bumped into a wooden ledge (used for holding chalk) on an old blackboard positioned behind the whiteboard. – Bernama
