Federal Court Holds Government, Education Ministry and Teachers Liable for School Bullying

Introduction

Bullying leaves behind an indelible scar in the victim’s life. The traumatic impact often carries into adulthood. And when bullying occurs in schools, it perverts the intended purpose of the establishment. What is supposed to be an institution of learning quickly turns into a crucible of fear.

The onerous burden of ensuring a safe and nurturing environment falls on educators. They are entrusted to foster an atmosphere where students can thrive and learn without fear of harassment or intimidation.

But unfortunately, the system failed on a fateful night for the victim in this case. Having suffered a loss of hearing in his right ear, the victim in Ahmad Ikhwan Ahmad Fauzi [2024] CLJU 608 sued the perpetrators, the school’s Senior Assistant for Student Affairs, the school’s former principal, the Director General of the Education Ministry, and the Government of Malaysia for the tort of assault and battery.

Background Facts

The bullying occurred late at night till the wee hours of the morning in the “Bilik Ketua Pengawas” of a residential school in Kuala Terengganu.

The victim was repeatedly assaulted in the room, where the Ketua Pengawas and Penolong Ketua Pengawas who were present, watched.

The victim was punched, beaten, and hit in the face with a rugby ball. He was then ordered to do squats. If he fell while doing the squats he would be further beaten. His head was pushed against a locker door. The bullies kneed, elbowed, and punched his head and stomach.

After the violent beating, the victim returned to his room. He did not report the incident to anyone, fearing further retaliation. The next morning, he woke up with his right ear bleeding. It was perforated and he lost hearing in his right ear.

How were assault and battery proven?

Firstly, based on the admission of guilt by the perpetrators in the magistrate court. They were charged in the magistrate court where they pleaded guilty to the offence under section 323 (voluntarily causing hurt) of the Penal Code.

Secondly, the decision of the Magistrate. The perpetrators were given a good behaviour bond for two years with a monetary surety of RM1000.00.

Thirdly, the written admissions by the bullies to the school. During the school’s disciplinary proceedings, they admitted to “membuli, memukul dan/atau menyerang” the victim on the night of the incident. This led to the eventual suspension and expulsion of the bullies.

Fourthly, the doctors who attended to the victim testified to the injuries suffered by him. They found that the injuries found were consistent with the victim’s narration of beatings.

Why were the authorities held liable?

The authorities, including the teachers, indubitably owe a duty of care to ensure the victim’s safety within the compound and premises of the school. They are responsible for the student’s safety, welfare, and well-being.

The display of posters against bullying within the school compound and premises shows that bullying was reasonably contemplated. There were also spot checks conducted regularly, but for reasons unknown, the Bilik Ketua Pengawas escaped such routine inspection on the night of the incident.

Had the spot check been conducted as usual, it would have prevented or at least mitigated the unfortunate incident.

The Federal Court concluded that not enough was done to prevent the abusive acts from happening.

As the Government of Malaysia was in control of the relevant personnel including the students and teachers, the Government was held liable for these acts and omissions.

What was the quantum of damages?

The Federal Court affirmed the various heads of damages awarded by the High Court as follows:-

• • special damages of RM4,634.20;

• • general damages of RM422,000.00; and

• • exemplary damages of RM120,000.00.

The Federal Court also ordered costs of RM150,000.00.