LITIGATION TURNs the LIGHTS ON

Public interest litigation exposes long-dormant, hidden abuses. Prepare for the truth—prepare for the light.

Suit Number | BKI-2NCvC-101/10-2018 ⤤
Date Filed | 29/10/2018
Law Firm on Record | Messrs Roxana & Co
Judge | High Court Judge YA Tuan Ismail bin Brahim ⤤
Location | Malaysia in the High Court of Sabah and Sarawak at Kota Kinabalu

public interest litigation:
critical for reform
THE PLAINTIFF
v. THE dEFENDANTS
high court statement
of claim summary
kota belud, sabah:
location context
timeline of the plaintiff's
statement of claim

Scroll by dragging the cards with a mouse or finger
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—for once, the government must defend its conduct to even the smallest of citizens.

For once, Malaysia is demanded to live up to its promises.

—for once, the people escape the iron grip of the executive branch (i.e., political parties).

For once, the judge is someone greater than a political Prime MInister.

—for once, judgements are public and final. No more backdoor "arrangements".

For once, evidence and its decisive truth are exposed to the world.

—for once, there is nowhere left for anyone to hide.

For once, every witness is summoned under critical eyes (not their colleagues) to claim their past deeds into record.

—for once, our lawyers and law are not called as weapons of the rich and powerful,

—but instead as guardians and warriors of the voiceless.

—for once, lawyers and law are not called to concentrate the resources of those already powerful,

—but instead to spread the wealth of justice to return wings of hope stolen from the defenseless.

—for once, lawyers and law are not called to legitimize the skirmishes of elites and their status,

—but instead to paint tapestries and murals of Malaysia's harshest and cruelest realities.

—for once, lawyers and law are not called to litigate "earnest debates" of legal minutiae,

—but to pierce veils of power, abuse, and self-interest that distort accountability to ensure limited-to-zero responsibility.

—for once, lawyers and law are not asked to jump for the highest bidder,

—but to stand their ground for the public, for the ordinary, for those yearning to breathe free, for people who've walked along the straight path.

The Plaintiff

SMK Taun Gusi Student

Siti Nafirah binti Siman

Age during the events | 15 years old
Siblings | only daughter, youngest of five
Parents | raised by mother, father died at 7

The Defendants & Their Officers

1st Defendant | individual

SMK Taun Gusi English Teacher

Teacher Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

2nd Defendant | individual

SMK Taun Gusi Principal

Suid Hanapi

2012 → 2020

4th Defendant | District Education Officer of Kota Belud & Officers

Kota Belud District Education Officer

Mohd. Fadzli Rozan

2018 → present

Kota Belud District Education Officer

Abdul Bakhrin Yusof

2013 → 2018

District Language Unit Head

Catherine Benjamin

2015 → present

District Language Unit Head

Bees Satoh

xxxx → 2015

SMK Taun Gusi | Language Dept. Head & Teacher

Teacher Norhana Idek

2013 → 2019
Promoted after High Court Summon

SMK Taun Gusi | English Panel Head & Teacher

Teacher Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language Unit Head (temporary)

Shuraya Mantiar

2015 → 2015

5th Defendant | Director of Education Sabah & Officers

Director of Education Sabah

Dr. Mistrine Radin

2018 → present

Director of Education Sabah

Datuk Maimunah Suhaibul

2016 → 2018
Promoted after High
Court Summon

Director of Education Sabah

Datuk Jame Alip

2012 → 2016

Assistant-Director | English Unit

Muarifin Mochoeri

xxxx→ present

Head Assistant-Director | Academic Management Sector

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling of English Teachers

Wandamaria Lim

2014 → xxxx

6th Defendant | Director General of Education Malaysia & Officers

Director General of Education Malaysia

Dr. Habibah Abdul Rahim

2020 → present

Director General of Education Malaysia

Dr. Amin Senin

2017 → 2019

Director General of Education Malaysia

Khair Mohamad Yusof

2013 → 2017

School Management Unit Head

Juraida Umat

xxxx → present

Teacher Professionalism Unit Head

Datuk Maimunah Suhaibul

2018 → present
Promotion after High
Court Summon

Special Projects Head | School Management Unit

Rezuan Ahmad

xxxx → 2017

7th Defendant | Minister of Education Malaysia & Officers

Minister of Education

Dr. Radzi Jidin

2020 → present

Minister of Education

Dr. Mahathir Mohamad

2020 → 2020

Minister of Education

Dr. Maszlee Malik

2018 → 2020

Minister of Education

Mahdzir Khalid

2015 → 2018

Minister of Education

Muhyiddin Yassin

2009 → 2015

8th Defendant | Government of Malaysia

The Federal Government

LAWS
VIOLATED
PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS OF 1993

Regulations 3A, 3C(1), 3C(2), 23, 24, 25
Breached by D1 (1st Defendant), D2, D4, D5, D6, D7, D8


EDUCATION ACT OF 1996

Failure to prepare for examinations, unlawful acts and omissions, no reasonable actions taken, right to a quality education
Breached by D1, D2, D4, D5, D6, D7, D8

MISFEASANCE IN PUBLIC OFFICE

Committing unlawful acts and knowingly causing injury & losses while in capacity as public officers
Committed by D1, D2, D4, D5, D6

Federal constitution

Violations of articles 5 & 12 on right to education: no reasonable actions taken to prevent, willful and intentional acts and/or omissions, had knowledge or means of knowledge of harm inflicted
Violated by D1, D2, D4, D5, D6, D6, D7, D8

united nations convention on the rights of the child (ratified by Malaysia in 1995)

All relevant articles, including right to education
Committed by D1, D2, D4, D5, D6, D7, D8

Court Remedies
Declaration no. 1

A declaration that the 1st, 2nd, 4th, 5th, 6th, 7th and 8th Defendants are in breach of their statutory duty under the Education Act by failing to ensure that the Plaintiff is taught the English language during the period of February 2015 to October 2015.

declaration no. 2

A declaration that the 1st, 2nd, 4th, 5th, 6th, 7th and 8th Defendants are in breach of their statutory duty under the Education Act by failing to prepare the Plaintiff for examinations as prescribed under the Education Act.

declaration no. 3

A declaration that the 2nd, 4th & 5th Defendants are in breach of their duties under Regulation 3C, 25, 26 Public Officers (Conduct and Discipline) Regulations 1993.

declaration no. 4

A declaration that the acts of the 1st, 2nd, 4th, 5th, and 6th Defendants complained of amounts to misfeasance in public office.

declaration no. 5

A declaration the 1st, 2nd, 4th, 5th, 6th, 7th and 8th Defendants have violated the Plaintiffs’ constitutional right to access to education guaranteed to the Plaintiff under Article 5 read together with Article 12 of the Federal Constitution.

Exemplary, General, and Aggravated Damages
costs
Any further and other relief which this Honourable Court may deem fit and proper to grant

KOTA BELUD, SABAH and SMK TAUN GUSI

interactive – hover or tap below

Source: 2016 Household Income Survey | Department of Statistics Malaysia

The Government Graduates of Kota Belud, Sabah and SMK Taun Gusi

from Kota Belud, Sabah

Mohammad Said Keruak

former Chief Minister of Sabah
former Governor of Sabah

from Kota Belud, Sabah

Salleh Said Keruak — BN

former Chief Minister of Sabah
former Federal Minister of
Communications & Multimedia 
former Speaker of the Sabah
State Legislature

from Kota Belud, Sabah

Pandikar Amin Mulia — BN

former Speaker of the 
Dewan Rakyat
former Minister in the Prime
Minister's Department

from Kota Belud, Sabah

Abdul Rahman Dahlan — BN

former Federal Minister of Urban
Wellbeing, Housing and Local
Government
former Minister in the Prime
Minister's Department

from Kota Belud, Sabah

Isnaraissah Munirah Majilis — WARISAN

former Deputy Federal Minister of Energy,
Science, Technology, Environment and
Climate Change

7th Principal of SMK Taun Gusi

Dr. Amin Senin

former Director-General of the
Ministry of Education ( → 2019)

9th Principal of SMK Taun Gusi

Datuk Jame Alip

former Director of Education
Sabah ( → 2016)

11th Principal of SMK Taun Gusi

Encik Umin Sadi

former Director of the Kota
Kinabalu District Education
Department (→ 2019)

13th Principal of SMK Taun Gusi

Encik Said Andong

Husband of Director of Education
Sabah (→ 2018)

Alleged events to be proven at the High Court trial

JANUARY 2015

30+ students were assigned to the Form 4 Class Perdagangan (4 PD) at SMK Taun Gusi in 2015.

1st Defendant 42-year-old Jainal Jamran—a senior English teacher in his 20th year of teaching and native of Kota Belud, Sabah—was assigned to 4 PD in 2015.

Hometown: Kota Belud, Sabah

Date of Birth: 20 December 1972

Marital Status: Divorced

Curriculum Option: English

Academic Qualification: STPM exam; Certificate of Teaching, MP Keningau, Sabah

Special Duties: Police Cadet Association Advisor

Special Duties Con't: Chair of Teachers Club

Special Duties Con't: English Association Advisor

Special Duties Con't: Discipline teacher

Service History: 11/12/95 to 15/1/99 as primary school teacher at SK Sri Gaya, Kota Kinabalu, Sabah

Service History Con't: 16/1/99 to present as secondary school teacher at SMK Taun Gusi, Kota Belud, Sabah

February 2015

1st Defendant Jainal Jamran began refusing to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full salary.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

March 2015

The Kota Belud District Education Department (4th Def. & officers), the Sabah State Education Department (5th Def.  & officers), and the Ministry of Education (6th and 7th Defs. & officers) were alerted of extremely absent English teachers at SMK Taun Gusi.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx → present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

Thus went the 2nd month of tiada guru 1st Defendant Jainal Jamran still failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full monthly salary.

April 2015

Plaintiff Siti  Nafirah binti Siman, then 15 years old, of Form 4 Class Perdagangan (4 PD) pleaded to a school assistant about 1st Defendant Jainal Jamran's three-month month failure to teach.

Muarifin Mochoeri and Wandamaria Lim (5th Def. Sabah State Edu. Dept. officers) were notified again of 1st Defendant Jainal Jamran's three-month failure to teach, 2nd Defendant Principal Suid's three-month failure to take corrective action, and the pleading of 4 PD students.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx → present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

Thus went the 3rd month of tiada guru 1st Defendant Jainal Jamran still failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full monthly salary.

May 2015

● The 4th month tiada guru 1st Defendant Jainal Jamran failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full monthly salary.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx → present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

June 2015

Madam Bees (4th Def. Kota Belud District Edu. Dept. officer), the District English Language Officer, was notified again of 1st Defendant Jainal Jamran's five-month failure to teach his assigned class 4 PD and the 4th Defendant's (Kota Belud District Edu. Dept.) five-month failure to take corrective action.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx → present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

Thus went the 5th month of tiada guru 1st Defendant Jainal Jamran still failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full monthly salary.

July 2015

Fadzli Rozan (5th Def. Sabah State Edu. Dept. officer) was again notified of 1st Defendant Jainal Jamran's six-month failure to teach his assigned class 4 PD.

● As a
5th Defendant officer, Fadzli admitted the 5th Def. Sabah State Edu. Dept. was aware of extremely absent English teachers at SMK Taun Gusi.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx → present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

Thus went the 6th month of tiada guru 1st Defendant Jainal Jamran still failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full salary.

August 2015

2nd Defendant Principal Suid was again notified of 1st Defendant Jainal Jamran's seven-month failure to teach his assigned class 4 PD—even so far as 2nd Defendant Principal Suid seeing the empty, unsigned English teacher slots in 4 PD's buku kawalan (teacher attendance record).

Shuraya Mantiar (4th Def. Kota Belud District Edu. Dept. officer) was again notified by report of 1st Defendant Jainal Jamran's seven-month failure to teach his assigned class 4 PD.

Rezuan Ahmad (6th & 7th Defs. Director-General of Education & Minister of Education officer) was again notified by report of 1st Defendant Jainal Jamran's seven-month failure to teach his assigned class 4 PD and the seven-month failure to take corrective action from the 2nd Defendant (Principal Suid), 4th Defendant (Kota Belud District Edu. Dept.), and 5th Defendant (Sabah State Edu. Dept.).

Muarifin Mochoeri (5th Def. Sabah State Edu. Dept. officer) was again notified by report of 1st Defendant Jainal Jamran's seven-month failure to teach his assigned class 4 PD.

17 AUGUST VISIT

SMK Taun Gusi

● On August 17th, officers from the 4th Defendant Kota Belud District Edu. Dept. (Shuraya Mantiar), 5th Defendant Sabah State Edu. Dept. (Muarifin Mochoeri), and 6th & 7th Defendants Director-General of Education & Minister of Education (Juraida Umat) arrived at SMK Taun Gusi, Kota Belud, Sabah for private, closed-door meetings.

● During the August 17
th visit, they refused to meet Plaintiff Siti Nafirah binti Siman, who had requested to meet the 4th, 5th, 6th, and 7th Defendant officers. Instead, these Defendant officers met with the 2nd Defendant Principal Suid in a closed-door meeting.

● After this sudden arrival of
multiple Ministry officer Defendants, 1st Defendant Jainal Jamran taught the students of his assigned class 4 PD for roughly one week. Following his sudden re-appearance, 1st Defendant Jainal Jamran then failed to teach his assigned class 4 PD for the remainder of the school year.

18 AUGUST MEETING

SMK Taun Gusi

● Exactly one day after the mid-August visit, 2nd Defendant Principal Suid called an English Teachers-only, closed-door meeting at his school SMK Taun Gusi. 1st Defendant Jainal Jamran did attend.

● During the meeting,
2nd Defendant Principal Suid refused to discuss the catastrophically absent English teachers at his school SMK Taun Gusi, despite the issue being brought up.

● During the meeting,
1st Defendant Jainal Jamran failed to offer any explanations of his now seven-month failure to teach his assigned class 4 PD.

24 AUGUST MEETING

4th Defendant Kota Belud District Education Department's Office

● In late August, the 4th Defendant Kota Belud District Edu. Dept. called a meeting at their office. In attendance were, among others, 1st Defendant Jainal Jamran, 2nd Defendant Principal Suid, and myriad of 4th Defendant Officers.

● In this late August meeting, 2nd Defendant Principal Suid purported he only had learned just two weeks ago of 1st Defendant Jainal Jamran's seven-month failure to teach his assigned class 4 PD. As a reminder, 2nd Defendant Principal Suid had been principal at SMK Taun Gusi from July 2012.

● In the same meeting, the 4th Defendant Kota Belud District Edu. Dept. denied it had any prior knowledge whatsoever of 1st Defendant Jainal Jamran's seven-month failure to teach his assigned class 4 PD.

● Instead, the
4th Defendant Kota Belud District Edu. Dept. Officer Abdul Bakhrin Yusof instructed SMK Taun Gusi to conduct a two-week self-administered observation of the school's own English teachers.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

District Language
Unit Head

4th Defendant Officer

Catherine Benjamin

2015 → present

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx →present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

Thus went the 7th month of tiada guru 1st Defendant Jainal Jamran still failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full salary—save one week, as various Ministry officials descended on his school.

September 2015

● A 4th Def. Kota Belud District Edu. Dept. officer visited SMK Taun Gusi.

The 4th Def. Kota Belud District Edu. Dept. officer was again notified of extremely absent teachers at the school. Still, the officer refused to discuss the issues of teachers' months-long failure to teach their assigned classes at SMK Taun Gusi.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

District Language
Unit Head

4th Defendant Officer

Catherine Benjamin

2015 → present

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx → present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

Thus went the 8th (non-continuous) month of tiada guru 1st Defendant Jainal Jamran still failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full salary.

October 2015

THE OCTOBER "OFFER"

SMK Taun Gusi

2nd Defendant Principal Suid arranged a meeting with 4 PD students, including Plaintiff Siti Nafirah binti Siman. Here, 2nd Defendant Principal Suid intimidatingly questioned the 4 PD students; he then proposed a deal to the 4 PD students who had no  English teacher for roughly seven continuous months.

● In his deal offered to 4 PD students , 2nd Defendant Principal Suid promised to arrange an English teacher to teach the 4 PD class for the remainder of the school year if and only if they signed a document detailing "favourable words" about 1st Defendant Jainal Jamran and claimed responsibility, somehow, for the school's failure to provide English lessons.

● Out of fear from
2nd Defendant Principal's Suid intimidation tactics & the desperate want for an education, the 15/16-year-old students of 4 PD, including the Plaintiff Siti Nafirah binti Siman, accepted the 2nd Defendant's deal.

● The
students of 4 PD waited for an English teacher. None ever came.

THE OCTOBER FABRICATION

SMK Taun Gusi

2nd Defendant Principal Suid met 1st Defendant Jainal Jamran and instructs the seven-month-continously absent teacher to fabricate his attendance records in the 4 PD buku kawalan (teacher attendance record).

After the fabricated signatures, the attendance records then lied to claim that 1st Defendant Jainal Jamran was absent only two months of the school year, instead of the actual seven-month-continuous failure to teach his assigned class 4 PD.

Class Form  4 Commerce (PD)
SMK Taun Gusi

Including Siti Nafirah (Plaintif)

30+ students, aged 15-16

2015

SMK Taun Gusi
English Teacher

1st Defendant

Cikgu Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

SMK Taun Gusi
Principal

2nd Defendant

Suid Hanapi

2012 → 2020

SMK Taun Gusi | Language
Dept. Head & Teacher

4th Defendant Officer

Cikgu Norhana Idek

2013 → 2019
Promoted after High
Court Summon

SMK Taun Gusi | English
Panel Head & Teacher

4th Defendant Officer

Cikgu Nurhaizah Ejab

2013 → 2019
Transferred after High
Court Summon

District Language
Unit Head

4th Defendant Officer

Bees Satoh

xxxx → 2015

District Language
Unit Head

4th Defendant Officer

Catherine Benjamin

2015 → present

Kota Belud District
Education Officer

4th Defendant

Abdul Bakhrin Yusof

2013 →2018

Assistant-Director
English Unit

5th Defendant Officer

Muarifin Mochoeri

xxxx → present

Head Assistant-Director
Academic Management Sector

5th Defendant Officer

Mohd. Fadzli Rozan

2011 → 2018

Professional Upskilling
of English Teachers

5th Defendant Officer

Wandamaria Lim

2014 → xxxx

Director of
Education Sabah

5th Defendant

Datuk Jame Alip

2012 → 2016

School Management
Unit Head

6th/7th Defendant Officer

Juraida Umat

2012 → present

Special Projects Head
School Management Unit

6th/7th Defendant Officer

Rezuan Ahmad

2012 → present

Thus went the 9th (non-continuous) month of tiada guru 1st Defendant Jainal Jamran still failed to teach his assigned Form 4 Class Perdagangan (4 PD) class, while still accepting his full salary.

allegations in law

1st Defendant | individual

SMK Taun Gusi English Teacher

Mohd. Jainal Jamran

1999 → 2020
Transferred after High
Court Summon

Failed to attend and teach his assigned students of 4 PD, with knowledge his failure was in violation of the Education Act of 1996.

● Failed to take any reasonable steps to ensure the students of 4 PD were taught English, with knowledge the subject was compulsory under the Education Act of 1996.

● Took positive steps to conceal his seven-month absenteeism, with knowledge the absenteeism would cause harm to the
students of 4 PD.

● Acted intentionally or recklessly in breaching his statutory duty and/or committed misfeasance in public office by preventing the
students of 4 PD being taught English.

2nd Defendant | individual

SMK Taun Gusi Principal

Suid Hanapi

2012 → 2020

● Failed to take any reasonable steps to ensure 1st Defendant Jainal Jamran taught the students of 4 PD English, with knowledge the subject was compulsory under the Education Act of 1996.

● Took positive steps to conceal the
1st Defendant Jainal Jamran's seven-month absenteeism, with knowledge the absenteeism would cause harm to the students of 4 PD.

● Failed to take any reasonable steps to ensure the
students of 4 PD were taught English, with knowledge the subject was compulsory under the Education Act of 1996.

● Acted intentionally or recklessly in breaching his statutory duty and/or committed misfeasance in public office by preventing the
students of 4 PD being taught English.

4th Defendant | District Education Officer of Kota Belud

Kota Belud District Education Officer

Mohd. Fadzli Rozan

Kota Belud District Education Officer

Abdul Bakhrin Yusof

District Language Unit Head

Catherine Benjamin

District Language Unit Head

Madam Bees Satoh

SMK Taun Gusi | Language Dept. Head & Teacher

Teacher Norhana Idek

SMK Taun Gusi | English Panel Head & Teacher

Teacher Nurhaizah Ejab

District Language Unit Head (temporary)

Shuraya Mantiar

● Failed to take any reasonable steps to ensure 1st Defendant Jainal Jamran taught the students of 4 PD English, with knowledge the subject was compulsory under the Education Act of 1996.

● Took positive steps to conceal the
1st Defendant Jainal Jamran's seven-month absenteeism, with knowledge the absenteeism would cause harm to the students of 4 PD.

● Failed to take any reasonable steps to ensure the students of 4 PD were taught English, with knowledge the subject was compulsory under the Education Act of 1996.

5th Defendant | Director of Education Sabah

Director of Education Sabah

Dr. Mistrine Radin

Director of Education Sabah

Datuk Maimunah Suhaibul

Director of Education Sabah

Datuk Jame Alip

Assistant-Director | English Unit

Muarifin Mochoeri

Head Assistant-Director | Academic Management Sector

Mohd. Fadzli Rozan

Professional Upskilling of English Teachers

Wandamaria Lim

● Failed to take any reasonable steps to ensure 1st Defendant Jainal Jamran taught the students of 4 PD English, with knowledge the subject was compulsory under the Education Act of 1996.

● Took positive steps to conceal the
1st Defendant Jainal Jamran's seven-month absenteeism, with knowledge the absenteeism would cause harm to the students of 4 PD.

● Failed to take any reasonable steps to ensure the
students of 4 PD were taught English, with knowledge the subject was compulsory under the Education Act of 1996.

● Failed to take any reasonable steps to report the seven-month absenteeism of
1st Defendant Jainal Jamran, despite being aware of it and despite knowing they were duty-bound to report it under Regulation 25 of the Public Officers (Conduct and Discipline) Regulations of 1993.

6th Defendant | Director General of Education Malaysia

7th Defendant | Minister of Education Malaysia

8th Defendant | Government of Malaysia

Director General of Education Malaysia

Dr. Habibah Abdul Rahim

Director General of Education Malaysia

Dr. Amin Senin

Director General of Education Malaysia

Khair Mohamad Yusof

Minister of Education

Dr. Radzi Jidin

Minister of Education

Dr. Mahathir Mohamad

Minister of Education

Dr. Maszlee Malik

Minister of Education

Mahdzir Khalid

Minister of Education

Muhyiddin Yassin

School Management Unit Head

Juraida Umat

Teacher Professionalism Unit Head

Datuk Maimunah Suhaibul

Special Projects Head | School Management Unit

Rezuan Ahmad

The Federal Government

● Failed to take any reasonable steps to ensure 1st Defendant Jainal Jamran taught the students of 4 PD English, with knowledge the subject was compulsory under the Education Act of 1996.

● Failed to take any reasonable steps to ensure the
students of 4 PD were taught English, with knowledge the subject was compulsory under the Education Act of 1996.

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