Cover image via Nik Abdullah Nik Omar/New Straits TimesFollow us on Instagram, TikTok, and WhatsApp for the latest stories and breaking news.
A former student caught hiding an iPhone in her underwear during a Sijil Pelajaran Malaysia (SPM) trial examination is taking her case to the High Court
This follows a Sessions Court decision that not only dismissed her RM400,000 lawsuit but also ordered her to pay RM10,000 in costs to the defendants.
The Kuala Terengganu Sessions Court dismissed the suit filed by the woman, now 23, against two teachers, her school principal, the Director-General of Education, and the government.
Image used for illustration purposes only.
Image via Berita HarianWhat happened?
The incident dates back to 25 October 2020, when teachers at SMK Sura in Dungun conducted a surprise inspection during a Home Science SPM trial examination, after several students raised suspicions that she was cheating, according to the New Straits Times.
An iPhone 6 was found hidden in her underwear.
The device was confiscated and later found to contain notes, reference materials, and documents related to the exam she was taking.
Under the school's examination regulations, the student was awarded 1% in several subjects during the trial.
Despite later expressing regret, she filed a lawsuit through her father, seeking RM300,000 for emotional trauma and RM100,000 for defamation
She alleged negligence, an improper body search, and humiliation, claiming the inspection conducted in front of other students had damaged her reputation.
The Sessions Court disagreed.
In written grounds of judgment dated 5 March, Judge Wan Nor Aklima Wan Salleh ruled that the teachers' actions were reasonable and justified, and that the incident was ultimately the result of the student's own conduct.
"Plaintiff [the student] claimed she kept the phone in her underwear because she was afraid it might go missing if it was left outside the hall," the judge said.
"Why place it in underwear? Why not inside a shirt pocket? In the court's view, this was something that was planned and not a spontaneous act."
The judge also noted that the inspection was conducted in a closed hall with only female teachers present and that no inappropriate physical contact occurred.
On the defamation claim, the court ruled that the teachers' statements were part of a disciplinary investigation and protected by qualified privilege.
But the judge highlighted another detail as the more significant concern, one she noted had been overlooked throughout the proceedings
"What transpired during the spot check and the seizure of the mobile phone was not unusual in a school setting.
"What is more surprising is that the plaintiff had the 2020 SPM trial examination papers together with answer schemes for several core subjects," Wan Nor Aklima said.
"For the court, this is the real issue that appears to have been overlooked by all parties."
The woman has appealed the Sessions Court decision to the High Court
The plaintiff was represented by lawyer Hisyam Yusof.
The defendants were represented by Nik Rabi'atul Adawiyah Soupy and Muhammad Faizuan Khalid from the Terengganu State Legal Adviser's Office.
