Ex-student loses appeal over dismissal of negligence, defamation suit

The High Court in Kuala Terengganu has upheld the dismissal of a former student’s RM400,000 negligence and defamation suit against her teachers and the government over a body search and the seizure of her mobile phone during an SPM trial examination.

Justice Yusrin Faidz Yusoff dismissed Nur Nabilah Ahmad Zambala’s appeal, ruling that although the school had no express authority under its examination rules to inspect the contents of her phone, the procedural irregularity did not establish actionable negligence.

The Form 5 student was searched after two students reported seeing her looking at a phone during a Home Science trial examination at SMK Sura in Dungun on Oct 25, 2020.

The phone was examined by the school principal and subject teachers, who found notes and answer schemes corresponding to answers in her scripts for several subjects.

The school reduced her marks for the affected papers to 1%, although the marks were restored following intervention by the district education office.

Nabilah sued for damages over alleged humiliation, emotional distress and damage to her reputation.

She claimed the school acted negligently and defamed her by writing “meniru paper SnRT” (cheated in the Home Science paper) on the envelope containing her phone.

However, Yusrin ruled that the words were not defamatory in their context and that the defendants had established the defence of justification by proving the substantial truth of the allegation.

He said the school’s internal communication was also protected by qualified privilege.

The judge said the school’s inspection of the phone exceeded the authority expressly provided for under its circular and examination rules, but the evidence remained admissible, albeit with reduced weight.

He also expressed concern that the school failed to refer the suspected leak of confidential trial examination papers to the relevant education authorities.

In dismissing the appeal, Yusrin affirmed the sessions court’s decision and ordered Nabilah to pay RM5,000 in appeal costs, in addition to the RM10,000 awarded in costs by the lower court.

The judge said Nabilah failed to establish her claims on a balance of probabilities and that the defendants had not been negligent.

“The appellant’s own actions were the primary cause of her predicament,” he said, adding that she had chosen to bring a phone into the examination hall despite knowing it was prohibited.

“She cannot now complain about the consequences of her own actions.”

Yusrin noted in his judgment that Nabilah was a school prefect who had represented the school and Terengganu in various national and international scouting events.

Her parents were teachers when the suit was filed in 2021.

Hisyam Yusof and Nor Fatihah Hazmira Mat Azmi appeared for Nabilah while federal counsel Nik Rabiatul Adawiah Soupy and Faizuan Khalid represented the government.

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