KUALA LUMPUR: The Sessions Court here dismissed a suit a boy filed against three parties, including a Bahasa Melayu teacher, alleging that he was hit with a broom resulting in five stitches to his head, five years ago.
The boy, now 13 years old, is represented by his father, Mohd Amirul Azdi Md Yusuf, 41, as the plaintiff in the suit against Raudzah Abdul Halim, 60; the school's principal, and the government as the first to third defendants, respectively.
Judge Nor Rajiah Mat Zin ruled that the plaintiff, who was in Year 2 of primary school at the time of the alleged incident, failed to prove his claims against the defendants.
"Therefore, the court dismisses the plaintiff's claims with costs of RM5,000 against the first defendant and RM5,000 against the second and third defendants.
"From the plaintiff's witness testimony, the pupil was at the scene, but it was not supported by other witnesses present.
"It was only supported by the plaintiff's witness testimony, namely the investigating officer and the plaintiff's father who were not at the scene.
"The plaintiff failed to prove his case on the balance of probabilities," she said.
The plaintiff's lawyer, Azmer Md Saad, told journalists after the proceedings that his client would appeal against the decision at the Shah Alam High Court.
According to the statement of claim filed on Oct 17, 2022, the plaintiff claimed that while returning to his seat in class, on Oct 18, 2019, the teacher — Raudzah — suddenly hit his head with a broom.
The plaintiff claimed to have been injured and suffered severe bleeding, causing the defendant to apply pressure on his head with a wet tissue to stop the bleeding.
Following the incident, the victim was taken to a health clinic before teachers informed his parents of the incident.
The victim suffered head injuries that needed five stitches at the clinic.
The plaintiff's father then filed a police report over the incident and asked the teacher to explain the injuries.
The father deemed the reasons unreasonable, contrary to the law, and inhumane, besides the victim claiming that all three defendants were negligent and demanding general, special, exemplary, and aggravated damages as well as a written apology.
Meanwhile, Raudzah, who filed a defense statement on Dec 20, 2022, claimed to have never hit the plaintiff's head or any pupil's head with a broom or any part of it.
The defendant claimed that the plaintiff's injury was due to his mischief when he bumped and hit his head against the wooden edge of the blackboard.