SELAYANG – The sessions court here has granted RM5,000 in costs to schoolteacher Raudzah Abdul Halim, who was sued by her former student over allegations of beating the latter until bleeding.
Judge Nor Rajiah Mat Zin also ordered the student to pay RM5,000 to two other defendants, the headmaster of SK(1) Selayang Baru and the education minister, as part of the suit.
She justified her decision to dismiss the suit by noting the absence of eyewitness testimony presented during the trial to support the victim’s claims.
The victim testified in the suit as the first plaintiff’s witness.
Additionally, the judge pointed out that the testimonies provided by the plaintiff’s other witnesses, namely the victim’s father, Mohd Amirul Azdi Md Yusuf, and an investigating officer, were insufficient to support the victim’s claims as they were not present at the scene during the alleged incident.
“Considering the testimonies of both the plaintiffs and defendants, the plaintiff has failed to substantiate their case on the balance of probabilities.”
Amirul Azdi filed the negligence suit on behalf of his son against three individuals. The suit was filed on October 17, 2022.
In his statement of claim, he alleged that the teacher had beaten his son until he was bleeding on October 18, 2019, at approximately 3pm.
His son, the victim, was a Year 2 student at the time. He is now 13-years-old.
Amirul Azdi said that his son was seated at the teacher’s desk in the classroom, assisting a classmate with exercises assigned by Raudzah.
“They (his son and his classmate) then saw the teacher chase another classmate while holding a broomstick. Following this, they returned to their respective seats.
“However, while on the way back to his seat, the teacher hit the victim’s head with a broom.
“The victim suffered extensive injuries and bleeding as a result of the blow. He also received five stitches on his head.
“On the same day, at 6.45pm, I (the victim’s father) lodged a police report around 6.45pm and demanded an explanation from the teacher,” he said in his statement of claim.
He said the teacher explained that his son had been beaten for not being in his seat during learning sessions at that time.
Amirul Azdi said that the explanation given by the teacher at that time was inhumane, unreasonable and unlawful, which is why he had pursued the negligence suit against the three defendants.
He was claiming general, special and severe damages, as well as a written apology.
However, Raudzah said in her statement of defence that the victim was disturbing his classmates during the time.
“I had told him (the victim) to stay seated. However, he did not listen (at that time).
“I also stress that I have never, at any time, hit the victim’s head with a broom or any part of the broom. The injury suffered by the plaintiff was the result of his own doing.
“He had bumped his head on the corner of an old blackboard. Initially, I was unaware of the incident as I had my back turned towards him. It was only when a class monitor informed me that I became aware of his bloody head.
“I promptly approached him and used a wet tissue to clean the exterior of the victim’s wound. He remained silent, showing no signs of distress or tears,” she said in a document filed on December 20, 2022.
During the trial, the school’s headmaster, testifying as a witness for the defendant, said that the teacher had met her at around 4pm on that day, visibly panicked and trembling.
“The teacher told me,” the headmaster recounted, “that she had struck the student’s head with a broom until it bled.
“She was in a state of panic, her hands trembling. I felt unsettled as she uttered: ‘I struck a student, ma’am, and there was blood.
“She expressed her willingness to take responsibility by taking the student to the clinic. However, considering her condition at that time, I had requested that another teacher assist the student instead,” she said.
Lawyer Azmer Md Saad, who appeared for the victim and his father in the case, said they would be filing an appeal against today’s decision at the Shah Alam High Court.
“We will file an appeal… either today or tomorrow,” he told reporters after today’s proceeding. – March 20, 2024