KUALA TERENGGANU: The High Court today ordered nine parties, including five former Sultan Mahmud Science Secondary School (SESMA) students, to pay a sum of RM616,634.20 to a former student who they bullied four years ago.
The victim who was then 14-years-old filed the suit through his father Ahmad Fauzi Abdullah, 50, on April 2, 2017.
The suit was against the five bullies who were former students of the school as the first to fifth defendants. They are now aged 21.
The sixth defendant was Senior Assistant Student Affairs, Sulaiman Ngarif , former Prrincipal of SESMA, Meriam Jusoh (7th defendant), Director-General of the Ministry of Education Malaysia (8th defendant) and the Malaysian government (9th defendant).
Judge Datuk Zainal Azman Ab Aziz ordered them to pay the judgment amount.
In his judgment, Zainal Azaman said the bullying which took place on April 26, 2015, involving the plaintiff who was then 14-years-old showed that the school was negligent, as the act in question was planned and took place in the Chief Prefect’s dormitory.
“The school was also seen as being negligent in the absence of control when the incident happened in the Chief Prefect’s dorm room. It (the act) did not take place on the side of a drain or a sidewalk.
"The warden's duty roster schedule was also very well organised, but it is useless if the trust placed is not carried out. It is better to resign (as a warden) and become a regular teacher.
“For the sixth and seventh defendant, they were also seen as being negligent in carrying out their responsibilities in maintaining the welfare of school students, especially their safety,” he said.
The plaintiff was represented by Wan Azliana Wan Adnan and Hisyam Yusof .
As a result of being beaten, kicked and slapped by Form Five students by the seniors, the plaintiff who was a Form Two student at the time lost his hearing in his right ear due to his eardrum being damaged.
This prevented him from undertaking water based activities for life, apart from sustaining several other injuries.
The plaintiff, who obtained 5As in the Ujian Penilaian Sekolah Rendah (UPSR) in 2013, also suffered emotional stress and trauma until he was forced to transfer to another school in July 2015.
Meanwhile, the plaintiff’s mother, Rusaila Abdullah, 43, who was present in court said she was satisfied with the judgment.
“Alhamdulillah, I am grateful, that everything is over. What we did was not for the money but in defence of our child who is still traumatised till today and has lost his hearing after being bullied,” she said.
The plaintiff filed a claim for RM2 million in 2017.
He claimed exemplary damages and aggravated damages from the defendants. The incident occurred in SESMA, Wakaf Tembesu, in April 26, 2015.
As a result of the incident, the plaintiff, who is the second of four children, suffered severe injuries, shock, depression, trauma and was also unable to focus on his studies.