Federal Court affirms RM600,000 award for bullying victim

PUTRAJAYA: The Federal Court has affirmed that a bully victim who suffered permanent ear damage after being bullied at a secondary school in Terengganu eight years ago will be awarded over RM600,000.

The victim's counsel, Nik Nur Syazwani Nik Suhaimi said his client was awarded the damages after the Federal Court ruled that all nine respondents, including five former school students and four other respondents, were responsible and negligent in the incident of beating, bullying, and attacking the appellant (victim).

"The Federal Court also unanimously upheld the Kuala Terengganu High Court's decision and set aside the Court of Appeal's decision. Therefore, all respondents are directed to pay compensation to the appellant," the lawyer said when contacted on Tuesday (Oct 17).

On Monday (Oct 16), a three-judge panel comprising 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 appellant's appeal during online proceedings.

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 boy, who was 14 when he was bullied, filed a lawsuit through his father against five Form Five students of the school as the first to fifth defendants. The victim is now 22.

The other defendants were the senior assistant (student affairs), the principal, the Education Ministry director-general and the Malaysian government.

The victim claimed that he was beaten, bullied and attacked by the five senior students, resulting in a ruptured right eardrum.

The incident that occurred on April 26, 2015, left the victim with permanent disabilities and hearing loss, as well as severe trauma and emotional distress, leading him to undergo psychiatric treatment.

On Sept 29, 2019, the Kuala Terengganu High Court ordered all defendants to pay compensation amounting to RM616,634.20 after allowing the plaintiff's lawsuit.

High Court judge Zainal Azman, in his judgment, found that the school was negligent in allowing the bullying to happen in the prefects' dormitory.

However, on May 20, 2021, the Court of Appeal overturned the High Court's decision and ruled that the plaintiff failed to prove the liability of the five senior students who had beaten, bullied, and attacked him, while finding the other defendants not liable for the incident. – Bernama