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Former students awarded $33,171 in damages over “absent teacher”, urges authorities to be more responsible

Three former students from SMK Taun Gusi in Sabah won an unprecedented suit against their English language teacher for not attending classes for seven months in 2017.

They expressed gratitude for the victory and hope this case motivates others to stand against injustice and protect students’ rights.

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MALAYSIA: The three former students of SMK Taun Gusi in Kota Belud, Kota Kinabalu, Sabah, who filed a suit against their English language teacher for failing to turn up for class for seven months in 2017, had won the unprecedented suit.

They are grateful for their win, according to the New Straits Times.

The students had named their English teacher, Mohd Jainal Jamran, as the first defendant, then school principal Suid Hanapi as the second defendant, the Education Ministry director-general as the third defendant, the Education Minister as the fourth defendant and the government as the fifth defendant.

The trio — Calvina Angayung, Rusiah Sabdarin and Nur Natasha Allisya Hamali — filed the suit on 7 Dec 2020.

They sought a declaration that the defendants were in breach of their statutory duty under the Education Act by failing to ensure that the plaintiffs were taught the English language during the material time for the year 2017, and failing to prepare the plaintiffs for examinations as prescribed under the Education Act.

Calvina said the incident of the teacher skipping classes was still fresh in their memory.

“We are the victims of this teacher’s injustice, which led to our failure in the English examination.”

“Today, justice has been upheld.”

“I hope that this case can also be a motivation for those who still choose to remain silent in the face of injustice.”

“May today’s victory prove that our rights as citizens of the country are protected and respected,” she said in a statement.

Calvina also thanked witnesses who appeared in court and others who supported them, as well as their lawyer Sherzali Asli.

Another plaintiff, Rusiah, said that following the court’s ruling, she hoped that all parties, whether from the schools or the education authorities, would monitor the presence of teachers in schools.

“They should take the students’ complaints seriously.”

“My hope is that students will be empowered to speak up and know their rights as students.”

Detail of the case

According to Malay Mail, on 19 July, High Court judge Leonard David Shim made the judgement in favour of the three students, now 22 years old, awarding them a total of RM150,000 (approximately $33,171) in damages to be paid by the five defendants.

In Shim’s judgement, the plaintiff’s team proved that the teacher was frequently or wholly absent in the months leading to the final exam on November 2017 and there is no evidence to show that he was on leave or involved in other school activities during the long period of his absence as claimed.

After observing Jainal’s demeanour when giving evidence during the trial, Shim said he does not find him to be a credible witness.

Shim also said that the principal, Suid, failed to take any reasonable steps to exercise disciplinary control and supervision over Jainal despite knowing about his absenteeism.

He said it was their statutory duty to prepare the students for their English language examination and that the principal, the education department and the ministry must see that the English teacher that they provide is reasonably competent and is present in class to teach English classes and have a statutory duty to take appropriate disciplinary action against the absent teacher.

“There is evidence of negligence and breach of statutory duty by the defendants,” he said.

Leaking exam questions to boost the passing rate

Shim also chided the teacher for leaking the exam questions to the students in order to boost the passing rate of his students to make up for his absenteeism and /or breach of statutory duty.

“It amounts to an unprofessional conduct and breach of confidential information which renders the sanctity of the examination meaningless and gives an unfair advantage to some students over others who were not given the leaked examination questions,” he said.

Shim also said that the students had a constitutional right to education and that the defendants were in breach of their duties.

He awarded nominal damages in the sum of RM30,000 and aggravated damages in the sum of RM20,000 to be paid to each of the plaintiffs by the five defendants jointly and severally. The interest on at the rate of 5% per annum from the date of judgment until the date of full and final settlement.

The trial began in September 2022. The plaintiffs called 10 witnesses to the stand, while the defence had three.

Counsels were Sherzali Asli of Messrs. Asli and Cham Chambers for the plaintiffs while Mohd Hafizi Abdul Halim and Fazriel Fardiansyah Abdul Kadir appeared for the defendants.

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Civil Society

APHR urges Myanmar’s SAC to halt imminent execution of five democracy activists

The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s State Administration Council to halt the execution of five democracy activists scheduled for 24 September 2024. APHR cited grave concerns about the death sentences and called for the activists’ unconditional release.

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The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s ruling State Administration Council (SAC) to immediately halt the scheduled execution of five democracy activists, set to take place on 24 September 2024.

The activists—Zaryaw Phyo (32), San Min Aung (24), Kyaw Win Soe (33), Kaung Pyae Sone Oo (27), and Myat Phyo Pwint—were sentenced to death in a closed-door hearing at Yangon’s Insein Prison on 18 May 2023.

They were convicted for their alleged involvement in a deadly shooting on a Yangon train in 2021, which resulted in the deaths of six police officers.

The attack occurred amid a national wave of armed resistance to the military coup that had taken place earlier in 2021.

The detainees were charged with murder and illegal weapons possession under several laws, including the 1949 Arms Act and the 2014 Counterterrorism Law.

According to Myanmar Now, the sentences were handed down by District Judge Khin Ni Ni Aye of Ahlone Township, where the attack took place nearly two years earlier.

The court sentenced Kaung Pyae Sone Oo to two death penalties under the Arms Act and terrorism charges, while the other defendants received one death sentence and one life sentence each.

APHR Chairperson Mercy Chriesty Barends, a member of Indonesia’s House of Representatives, condemned the verdicts, calling for the unconditional release of the detainees.

“We call upon the SAC to immediately release them and ensure that, pending their release, the detention conditions comply with international standards,” Barends said. She further stressed the importance of access to legal representation, medical care, and contact with family.

The activists’ death sentences were particularly concerning to APHR, as they were issued by the civilian judiciary, rather than a military court, marking the first such case since the military coup in 2021.

APHR Board Member Wong Chen, a Malaysian MP, called the use of the death penalty a means of stifling dissent. “The use of capital punishment as a tool to suppress dissent is unacceptable and must be condemned in the strongest terms,” he stated.

The group also drew attention to the fact that this sentencing comes at a time when more than 100 post-coup prisoners are currently on death row in Myanmar.

The Assistance Association for Political Prisoners (AAPP) reported that 117 individuals arrested following the 2021 coup await execution, and a further 42 have been sentenced to death in absentia. While the regime has commuted some sentences and pardoned political prisoners, the continued use of capital punishment signals a deepening crackdown on political opposition.

Kasit Piromya, APHR Board Member and former Thai MP, noted the broader implications of these sentences. “This marks the first instance of the civilian judiciary, rather than a military tribunal, issuing death sentences since the coup, signalling a disturbing shift in the judicial proceedings in Myanmar,” he said.

The upcoming execution has raised fears reminiscent of the August 2022 execution of four prominent anti-coup activists, including former National League for Democracy (NLD) MP Phyo Zeya Thaw, whose executions marked the first use of capital punishment in Myanmar in decades and sparked global outrage.

APHR Board Member Arlene D. Brosas, a Philippine MP, said that the SAC’s ongoing use of executions represents a “significant setback” in peace efforts.

“These executions show the absence of political will from the SAC to implement the ASEAN Five-Point Consensus meaningfully,” she added.

APHR continues to advocate for the unconditional release of all political prisoners in Myanmar and urges the international community to increase pressure on the SAC to cease its human rights violations.

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Civil Society

RSF condemns Malaysian court ruling against British journalist Clare Rewcastle Brown

Malaysia’s Federal Court rejected Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable for damages over RM 435,000. RSF condemned the decision as an effort to silence the journalist, who is known for reporting on corruption scandals.

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Malaysia’s Federal Court has dismissed British journalist Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable to pay damages exceeding RM 435,000 (US$103,325).

The defamation suit, which RSF (Reporters Without Borders) describes as part of a broader effort to silence journalists reporting on corruption, relates to a statement in Rewcastle Brown’s 2018 book, The Sarawak Report – The Inside Story of the 1MDB Expose.

The journalist has faced legal challenges ever since, including both civil and criminal cases.

Rewcastle Brown, known for exposing Malaysia’s 1MDB financial scandal, was accused of defaming the Sultanah of Terengganu, the wife of a senior political figure.

The defamation suit stems from a misidentification error in the book, which wrongly stated that the Sultanah, rather than the Sultan’s sister, was connected to a businessman involved in the scandal.

Rewcastle Brown quickly corrected the mistake and issued an apology in 2018. Her legal team has argued that the error does not constitute defamation or criminal libel.

The Sultanah had initially sought RM 100 million in general damages, but the court ultimately awarded a much smaller sum of RM 300,000 (US$71,230) in damages, along with RM 135,000 (US$32,095) in legal costs. Additional fees are expected.

The Federal Court’s decision on 10 September 2024 closes Rewcastle Brown’s legal avenues for appeal in the civil case.

Reporters Without Borders has condemned Malaysia’s handling of the case, asserting that it is intended to intimidate other journalists from reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself. The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.

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