The Federal Court has confirmed that a victim of bullying, who suffered permanent ear damage in an incident at a secondary school in Terengganu eight years ago, will receive over RM600,000 in compensation. The victim’s lawyer, Nik Nur Syazwani Nik Suhaimi, stated that the damages were awarded after the Federal Court ruled that all nine respondents, including five former students and four other individuals, were responsible and negligent in the beating and bullying of the victim.
“The Federal Court also unanimously upheld the decision of the Kuala Terengganu High Court and overturned the decision of the Court of Appeal. As a result, all respondents are required to pay compensation to the victim,” said the lawyer on Tuesday (Oct 17).
During online proceedings on Monday (Oct 16), a three-judge panel consisting of Court of Appeal President Tan Sri Amar Abang Iskandar Abang Hashim, and Federal Court judges Datuk Mary Lim Thiam Suan and Datuk Abdul Karim Abdul Jalil allowed the victim’s appeal. The appellant was represented by lawyers Wan Azliana Wan Adnan, Hisyam Yusof, and Diyana Ibrahim, while all the respondents were represented by Federal Counsels Andi Razalijaya A. Dadi and Zureen Elina Mohd Dom.
On April 2, 2017, the victim, who was 14 years old at the time of the bullying incident, filed a lawsuit through his father against five Form Five students as the main defendants. The victim, now 22, also named the senior assistant (student affairs), the principal, the Education Ministry director-general, and the Malaysian government as additional defendants.
The victim alleged that he was beaten, bullied, and attacked by the five senior students, resulting in a ruptured right eardrum. The incident took place on April 26, 2015, and left the victim with permanent disabilities, hearing loss, severe trauma, and emotional distress, requiring psychiatric treatment.
On September 29, 2019, the Kuala Terengganu High Court ruled in favor of the plaintiff and ordered all defendants to pay a total compensation of RM616,634.20. High Court judge Zainal Azman found that the school was negligent in allowing the bullying to occur in the prefects’ dormitory.
However, on May 20, 2021, the Court of Appeal overturned the High Court’s decision, stating that the plaintiff failed to prove the culpability of the five senior students who had assaulted and bullied him. The Court of Appeal also found the other defendants not liable for the incident. – Bernama
