‍One of Malaysia’s 10 poorest districts

‍In 2017, Head School Prefect Calvina Angayung, School Prefect Nur Natasha Allisya Hamali, and Class Monitor Rusiah Sabdarin were in Form 4 Sains Sukan (4 SS) at SMK Taun Gusi. They live in Kota Belud, Sabah, one of Malaysia’s ten poorest districts. Few have been raised with so little, yet fought so passionately: Calvina’s family lived two years without electricity; Rusiah’s father is a chicken farmer; Nur Natasha survived sexual assault at her primary school.

The unprecedented summons from young women

In 2020, these three young Sabahan women filed public interest litigation against their former English teacher (1st Defendant Jainal Jamran), principal (2nd Defendant Suid Hanapi), Director-General and Minister of Education (3rd & 4th Defendants), and the Federal Government (5th Defendant). They claimed the 1st Defendant had “refused to enter their English class for months in 2017, with zero attendance after July 2017”. They further claimed “the 2nd, 3rd, 4th, and 5th Defendants failed to take any steps to rectify their teacher’s months-long absences”. 

The trial witnesses: Plaintiffs: 10 witnesses; Defendants: 3 witnesses

After significant delays including the Defendants taking 150+ days to submit their Court Defence, the trial was held Sept. 2022 to Jan. 2023. The Plaintiffs called themselves, five former classmates, an expert psychologist, and current Ministry teacher Nurhaizah Ejab (10 witnesses). The Defendants called the 1st Defendant Jainal, 2nd Defendant Suid, and SMK Taun Gusi’s then-Head of Language Norhana Idek (3 witnesses). After the first day of trial, the Defendants requested a roughly four-month postponement. The Judge denied the Defendants’ motion.

D1 = 1st Defendant SMK Taun Gusi English teacher Jainal “Mr JJ” Jamran (since transferred)‍

D2 = 2nd Defendant SMK Taun Gusi Principal / Pengetua Cemerlang Suid Hanapi (since retired)

The Plaintiffs’ claims against D1 during trial

Where D1 during English lessons? What did D1 say at the time?

• “Calvina further testified that she and her friends had tried to call Mr JJ to teach them but he refused.” “In one incident, Mr JJ was allegedly seen at the canteen with another teacher when he was supposed to teach them at the time.”
• “Meanwhile, Fadzley testified that he had gone to the teacher’s office to ask him to enter class.”
• “She [Nur Natasha] further said in her witness statement that Mr JJ was allegedly in the office but he did not open the door.”
• “She [Rusiah] said when the first defendant was missing from class, she found him in his office, but Jainal told her to go to physical education instead.”
• To a question by Fazrul, Nur Natasha said she and her classmates (witnesses) were in the class every time JJ was not in class and Rusiah also would record it down.
• “The witness [Nur Natasha], who is a boutique staff, further stated in her witness statement that she did go to see Mr JJ whenever he did not enter their class or late. However, Mr JJ had asked them to go to do sports activities at the field.”

Which teachers were told of D1’s absenteeism? What was their response?

• Nurul Afirah also told the court that she and her other classmates had complained about his absence to two other teachers but were advised to “let it be” as they did not want to meddle in Mr JJ’s affairs.
• “Meanwhile, Fadzley testified that he … had also complained to the Art teacher and Bahasa Malaysia teacher over the English teacher’s repeated absence.”
• “She [Suriana] further said she and her friends had complained about JJ’s absence to their other three teachers but they advised them to study by themselves.”
• “I remember there was one incident whereby I, together with my classmates, went to call him to come to our class to teach. But at that time, he told us that he had matters (to attend to) and he did not enter our class,” the witness [Nurul Afirah] claimed.
• “I remember we have complained to Cikgu Shamsul and Cikgu Siti Kamisa; they are our class teacher and our assistant teacher at class 4 Sains Sukan. I remember this when we were talking to them when they were teaching our class. Their answer was similar, they said to just leave the matter be and that they don’t want to be involved in Mr JJ’s issue,” she [Nurul Afirah] claimed.
• “…Suriana Mohammad Salleh testified they had complained to their class teacher Siti Khamisa and assistant class teacher identified as Shamsul but were advised to let the matter go.”
• “She [Suriana] also claimed that together with her classmates, they had raised the issue to the Sports Science teachers such as Cikgu Syamsul, class teacher Siti Kamisa and Visual Art Education teacher, Cikgu Ristommoyo.”
• “When we complained to the teachers, they advised us to study by ourselves. They didn’t help get an alternative teacher for our class,” she [Suriana] alleged.
• “She [Rusiah] also testified that there was allegedly no extra class or tuition for English language subject given to them while they were in form four even though she claimed that they had requested for it.”
• Meanwhile, the eighth witness [Abdul Shahril] testified that he did tell their class teacher at that time to look for a teacher to replace Mr JJ.
• A college student [Abdul Shahril] told the High Court here on Wednesday that many teachers knew that his former English language teacher did not enter form four sports science class of a secondary school in Kota Belud in 2017 to teach them when it was the subject time.

What was D1’s attitude? Did he enter other classes?

• “I remember when he first started teaching he wasn’t very pleasant and was constantly in a foul mood. In other classes he was friendlier,” she [Nurul Afirah] said.
• “A few months on, we noticed that he would teach accounting at the class next door, but when it was time for our lesson, he would not show up,” she [Nurul Afirah] said.
• “JJ sometimes entered the class but just for a while. While in the class, he was not friendly and always angry.” “I can compare his behaviour with students in other classes, for example Form Four Prinsip Akaun class which was next to our class. He was friendly with the students,” Nurul Afirah shared.

What was the impact of D1’s absences?

• The witness also testified that he [Mohd Fadzley] failed the English subject because of Jainal’s truancy.
• “Even though it looks like a simple issue, the impact of such actions are very grave,” he [Mohd Fadzley] said when testifying in the High Court in Kota Kinabalu today.
• To which, she [Nurul Afirah] responded: “The defendant leaked the exam questions but at the time I didn't know anything because the teacher had not taught us for long. Even if I had answered, I wouldn’t know if I had answered it correctly.”
• She [Nurul Afirah] alleged that due to the first defendant’s conduct, she felt left behind in her knowledge in the subject. “I also feel there is no direction when it comes to the subject,” she said.
• She [Suriana] claimed in her witness statement that she initially felt proud of having the first defendant as her teacher but later felt disappointed when he did not teach her class for seven months. Suriana also claimed that she failed in the subject during the final examination at Form 4.
• She [Suriana] added her English subject marks were still poor although the defendant leaked the exam questions because he “never taught us how to answer the question or the English examination format”.
• Rusiah, who is currently unemployed, claimed in her testimony that she failed in her English language subject when she was in form four allegedly because of the absence of the teacher at the classroom.
• According to Calvina, she had to move to SMK Narinang to continue her Form Six because she did not want her results to be affected.
• She added that even with the leaked questions, she still not understand the answers of those leaked questions, in particular the prescribed format in providing the answer because ‘JJ’ did not teach about the format.
• The witness [Abdul Shahril] also said that when he finished school and furthered his study in college, only then he realised the effects of absence of a teacher in class to teach students.
• Abdul Shahril said that he failed in his English language when he was in form four and he obtained grade E for the same subject in his SPM examination.
• Mohammad Hafiezzamani also stated that he failed in the subject when he was in form four and obtained grade E for his SPM examination.
• The incident where a teacher Lepaks or did not enter a class to teach his Form Four students five years ago, will bring an impact on the future of students’ job prospects.Abdul Shahril Abdul Sahar, 21, who is the seventh witness in the hearing of a civil suit against the English teacher and four others, said the incident will affect students when they are looking for jobs in the future.
• “For example, it is possible that my friend who is better in English will be hired than me when we are seeking a job.
• “The effect on me is also that my friends from other schools have higher English skills than mine and that I felt lost and regretful for ‘JJ’ (the teacher) not entering our class and teaching us,” said Abdul Shahril.
• “Among the effects we suffer when ‘JJ’ did not enter the class, we did not get the proper education which we deserve as the English subject is among the important subject. “The school should prepare a substitute teacher if the assigned teacher is unable to attend class,” he [Mohammad Hafiezzamani] said.

The Plaintiffs' Motivation to Summon

What triggered the Plaintiffs themselves to sue?

• “To a question, Calvina said they filed the suit in 2020 as they wanted to wait till they turned 18 because they did not want their parents to represent them.” NOTE: Calvina’s father is illiterate.
• In her witness statement, Nur Natasha said she and her friends filed the suit because she wanted to ensure that the children go to school and get high quality of education and healthy interactions between teachers and students. 
• In her evidence, she [Rusiah] testified that this suit was filed because they wanted to claim their rights for allegedly not getting proper lesson for English language subject while they were in form four.

What are the students’ hopes by blowing the whistle?

• Mohd Fadzley Izzani Lamsin, a former student of SMK Taun Gusi in Kota Belud, Sabah, said he also hopes the case would bring awareness on how such a “simple issue” can have a grave impact on students.
• She [Nur Natasha] also said that the clean education system is a dream of the people of this country and that her dream too. 
• “I hope (the first defendant, English teacher) Mr JJ (Mohd Jainal Jamran) and other defendants would get the appropriate punishments for their irresponsibility so that the generations to come won’t become victims of this again, like what I went through,” [said Mohd Fadzley].
• “We also hope that the teachers who have abusive behaviours will be removed immediately and not transferred to another school,” she [Nur Natasha] said.
• Meanwhile, during cross-examination by Federal Counsel Fazrul Fardiansyah Abdul Kadir, Nur Natasha said she had mentioned about sexual harassment in her witness statement and it was actually not related with the suit but she said there are a lot of cases where students were raped by teachers.
• “I also hope that citizens of Malaysia will open their eyes to issues regarding teachers not entering class,” [said Mohd Fadzley].
• Abdul Shahril further said that he did not want to blame ‘JJ’ for his failure in English subject but he wanted ‘JJ’ to be responsible for his action of not entering the class to teach.

The Plaintiffs' Six (6) Secret Recordings

The Senior Federal Counsels claimed the Plaintiffs “broke school rules” by recording the Defendants’ responses to the Plaintiffs’ complaints and by bringing recording devices to school. Nonetheless, all footage was successfully adduced into Court. The students used a recording watch, GoPro, and smartphones.

Who was in the 1st recording? SMK Taun Gusi Ketua Panitia Bahasa Inggeris Awang Erawan

•  Suriana said on Oct 31, 2017, she and the third plaintiff Calvina met with Cikgu Awang Erawan to raise the matter and Calvina recorded their conversations with GoPro.
• “During the conversations, Cikgu Awang told us that although JJ did not enter the class, he did not want JJ to be subjected to disciplinary action.

Who was in the 2nd recording? SMK Taun Gusi Ketua Bidang Bahasa, Norhana Idek

• Suriana said that she and her classmate, identified only as Nur Natasha, had told their English teacher, known as “Norhana”, about Jainal’s absence and the examination leak. However no action was taken, Suriana said.
• “We did met Cikgu Norhana [‘Rohana’ in original article] who then told us that nothing could be done even though JJ did not enter the class.  “She said as example Cikgu Awang who did not enter the class for one year but the action to be taken was only to cut his salary.
• “Cikgu Norhana [‘Rohana’ in original article] advised us to study by ourselves and did not depend on teachers,” Suriana said in her witness statement.

What was in the 3rd recording? Leaked questions given to Ketua Bidang Bahasa Norhana Idek (above)

• Nur Natasha further testified that they had sent the leaked exam questions for English subject to one Cikgu Norhana….
• Nur Natasha Allisya Hamali, 21, who is one of the plaintiffs, told Justice Leonard David Shim that the teacher referred to as Mr JJ, had allegedly given the leaked questions so that she and her classmates could answer and score in their examination without being taught the subject.
• In the open court proceedings on Tuesday, a video recording by the witness was played showing that she [Nur Natasha] and her friend went to put the alleged leaked exam questions on a table of a teacher, who was in charge of English language subject in the school.
• In her [Nur Natasha] witness statement, she stated that also in the same video, she had recorded that the leaked questions were put on the table with a note saying “Assalamualaikum cikgu, ini adalah bukti buku kawalan bahawa Cikgu BI kami tidak masuk kelas dan soalan BI akhir tahun yang telah dibocorkan oleh cikgu kami” (Peace be upon you teacher, this is a control book as an evidence that our English language teacher did not enter our class and year-end exam questions leaked by our teacher).

Who was in the 4th recording? SMK Taun Gusi Principal Suid Hanapi (2nd Defendant)

• Calvina went to meet the principal on November 1, 2017 with her three classmates and she was an wearing audio recording watch at that time.
• She also claimed that the principal had said that no action would be taken against her English language teacher as the complaint was made at nearly end of the year.
• Calvina further said that the principal asked them to change their attitude to be more forgiving and not having a grudge on anyone.
• In her witness statement, Calvina stated that the principal claimed that he used to study for 18 hours a day and asked why they (Calvina and her former classmates) did not do the same.
• Calvina Angayung, 21, who is a local university student majoring in government and politics research, testified before Justice Leonard David Shim that the principal of the school in Kota Belud had called them dumb twice and compared them with himself.
• Calvina also stated that the principal even accused them of being irresponsible as they did not complain about the matter earlier.
• “When we met the principal we have asked him if he knew about the problem of a teacher who did not enter our class in which he replied he did not know about it and said he only knew about the issue when one ‘Cikgu Awang’ made a report to him.
• According to Calvina, no action was taken by the school pertaining to the problem even after they met several teachers as well as the principal.

Who was in the 5th recording? SMK Taun Gusi Penolong Kanan Satu Johari Hajat

• According to both witnesses [Nurul Afirah and Suriana], who are now aged 21, they also took their grouses to the school’s senior assistant administrator named Johari on November 2, 2017.
• The students also recorded the conversation and in it Nurul Arifah recollected their first meeting with the senior assistant administrator, who promised them replacement classes which never eventually took place.
• She [Nurul Afirah] also alleged that on 2 November 2017, they also raised the matter with the school’s Administration Senior Assistant, Cikgu Johari, and claimed that they had informed him that the first defendant had not taught their class for seven months.
• She [Nurul Afirah] claimed that Cikgu Johari informed them that they were complaining at the wrong place and to the wrong person and they should complain to the first defendant or to the school principal.

Who was in the 6th recording? SMK Taun Gusi Principal Nuzie Balus (recorded in 2020)

• Rusiah Sabdarin, 21, a former secondary student of SMK Taun Gusi, Kota Belud, said a day after she filed the suit, her father was called by the new principal Nuzie Balus. She was at her uncle’s place in Kinarut then.
• She said in the witness statement that she did not know about the matter until her father came to Kinarut and asked her to withdraw the suit. Rusiah testified before High Court Judge Leonard David Shim that she did not know what her father had been told by the school until he was willing to go to Kinarut. She told her father she would not, which later caused her brother to almost hit her with a wood.
• According to Rusiah, after returning to Kota Belud, the relationship between her, her brother and father became a bit cold, but has improved since.
• She further said Nuzie also called her to his office and threatened that he has power to take disciplinary action against her and to bring up her school absences that happened years ago.
• Rusiah also testified that Nuzie inquired whether her house had CCTV which she felt was a threat. She also felt that all the questions by Nuzie at the meeting threatened her and her family’s safety.
• During the meeting, Rusiah said Nuzie asked if her father knew the real intention she filed the case and suspected that the principal was trying to put pressure on her father.
• She said Nuzie warned her to think carefully about her future and for her family.
• After the meeting, Rusiah was very worried about the unusual actions of the officers of the defendants and caused her to ask her lawyers at the time to apply from the court to stop such behaviour. Her lawyers duly filed for an injunction against the defendants and their officers not to harass Rusiah, her family and other plaintiffs.
• On Aug 30, 2021, Ruisah said the court issued an order against the first, second, third and fourth defendants not to bother the plaintiffs.

A short clipping from the Plaintiffs’ Statement in September 2022:

• 4. On 23.12.2020, the Principal of SMK Tuan Gusi, Mr Nuzie Bin Hj Balus (the "Principal") contacted my father to meet him at the school to discuss the case. I will say that, after my father's return from meeting the Principal, my father started pressuring me to drop the case to "clear his name". The Principal also urged my father to convince me to drop the case and that if I were to lose this case, I would surely be put in a juvenile detention centre. These threats and psychological intimidation have prompted me to record any conversations in the future.
• 7. On 22.01.2021, at the request of the Principal, I met with the Principal at his office. During the meeting, three teachers were also present, namely Mr Roslan bin Asang, Yusof bin Rakunman, Mohd Sabanah Bin Abdul Rahman. During the meeting, the following, inter alia, were said to me:
• a. The Principal and Cikgu Roslan told me not to record the conversation;
• 11. I have been advised by my solicitors and verily believe that the Principal and the teachers mentioned above should not have attempted to take the law into their own hands to circumvent the court process by pressuring and threatening me to give up my claim against their masters and/or employers, the 3rd, 4th and 5th Defendants.
• 12. I have been advised by my Solicitors and verily believe that the actions of the Principal and the other teachers mentioned above were intended to undermine the due administration of justice and/or to inhibit a litigant from availing themselves of that system of justice.
• 14. I would also say that the conduct of the Principal's and request to have me switch my phone off during the meeting clearly shows that he was aware that he should not have addressed the issue in the manner that he did and would continue to do so in the event he does not believe that evidence of such meeting will not be captured.
• 20. I was advised by my solicitors and verily believe that the balance of convenience lies with the Plaintiffs. In the event of the continued harassment, coercion and threats by the Defendants, whether by themselves or through their servants or agents, there is a chance that all the Plaintiffs, including myself, will withdraw this case. 

UM Psychologist says "Structural Violence" at School

Dr Noor Aishah Rosli, a child clinical psychologist, Registered Counselor, Court Advocate, and a part-time lecturer at Universiti Malaya, testified as an expert witness.

• “These two emotions will be affected if someone misses the chance to get a better life in future from a standard learning in school.
• “In another words, from psychological perspective during clinical diagnostic and interviews session, I find that the plaintiffs had lost their self-confidence and lack of self-esteem when the opportunity and rights to learn the said subject were denied when in fact the plaintiffs had interest to learn the subject,” the ninth witness testified.
• To a question, Dr Noor Aishah also stated in her report that the plaintiffs had suffered from structural violence which she explained was a series of violence or injustice done on them by a same individual under a similar setting.
• “In this case, when I met with the plaintiffs, I was informed that the teacher allegedly did not enter class many times and this incident had allegedly happened during previous year.
• “This alleged scenario which I say as structural violence because it allegedly happened repeatedly until it affected the psychological well-being of the plaintiffs,” she said.
• “In psychology, we see the chances that the standard education in Malaysia is important to go study to the higher level. SPM is the main benchmark for a person to enter university.
• “In this case, the students had missed the chance to learn systematically for English subject and this caused the opportunity to pass well to be disturbed because English is a compulsory subject to pass with honours at the university level.
• ”These students have the abilities to study better and have chances to excel in the English language subject and this is proven through the IQ test conducted on them (three plaintiffs),” she said.
• NOTE: Structural violence as a concept was introduced by Norwegian sociologist Johan Galtung in 1969. He defined structural violence as “a deliberate impairment of fundamental human needs by actors of power.”

MOE teacher claims to expose massive cover-up

Cikgu Nurhaizah Ejab is a Ministry of Education teacher, subpoenaed by the Plaintiffs. In 2015, she was the Ketua Panitia Bahasa Inggeris. In 2017, she was an English teacher. She was stationed at SMK Taun Gusi until 2019, when she was transferred to SMK Usukan, also in Kota Belud.

D1 Absent For Years, Pattern of Multiple Teachers Absent

• “I knew the principal or teachers would do nothing about it. I was the Head of English panel when the issue of the teacher’s absenteeism in 2015 was discovered for a number of classes in SMK Taun Gusi.
• “In this regard, Siti Nafirah (another student) from class 4PD had commenced action against the same teacher which was JJ (the English teacher).
• The witness testified that the copies of the attendance were from official documents kept by the school in record books used to monitor absent cases of students.
• “To my knowledge, these books were rarely being checked from my observation up to 2015.
• “I made copies of all the classes’ record books and that was how I found out there are similar cases.
• Every teacher was supposed to sign their attendance and for the said class’ record book, it was unsigned and no record made by the teacher,” she said.

D2 Rejected Her Report on D1’s Absenteeism in 2015

• “I made efforts to solve the problem. I talked to the principal and made copies of record book. I showed it to the principal but was rejected and he asked to write a full report. When I made the full report, he rejected it again saying it was a bad quality report if used as evidence.
• She further said that the full report of the issue prepared by her was not accepted and the principal allegedly uttered that her report was of bad quality and it would be rejected if presented in court.

Teachers Threatened Nurhaizah to Not Report D1 to Higher Levels

• “I was also intimidated by my Ketua Bidang Bahasa, one Cikgu Norhana, and another male English teacher named Cikgu Awang, saying that if I alerted the District Education Office, I would lose the entire school support,” she said.
• Nurhaiza Ejab, 37, who was a teacher at SMK Taun Gusi at the time, testified that her colleagues cautioned her against "smearing the school's reputation" by complaining over the absenteeism of English teacher Mohd Jainal Jamran to the Kota Belud district education officer.

Death Threats, Punctured Tires, Humiliation, Scapegoated

• "I was humiliated, scolded, blamed, scapegoated and threatened two times to death, and my car tyres were slashed a few days right after the death threat," she told judge Leonard David Shim at the Kota Kinabalu High Court on Nov 25.
• She said her complaints and report also fell on deaf ears in 2015…

Ministry Culture of Fear → Students Terrified to Speak Up

• To a question from counsel Sherzali Herza Asli, the teacher said she cannot speak on behalf of from other classes who were also affected in 2015.
• “However, I believe many students were afraid of the potential negative reactions by the school against them.
• “Indeed, I understand the school administration has the tendency to harass and make threats against students who voice out issues concerning teacher’s absenteeism.
• “I say so because the plaintiffs obtained an injunction against the defendants to restrain them from harassing and threatening, especially the first plaintiff,” the teacher said.
• “In this recording, [Cikgu] Eddy gave an example of the culture of fear and absenteeism at SMK Taun Gusi created by the principal against teachers that blew the whistle.”
• “Eddy also in the recording described that this stressful culture of fear created by principal Suid has made him lose his interest in the teaching profession and step down from the Ketua Panitia position.

D2 Suid Had Covered Up D1’s Absenteeism Misconduct For Years

• Asked the teacher whether she has any other evidence to prove the JJ’s absenteeism in class, the teacher said she recorded her conversation with one Cikgu Eddy.
• “He also confirmed that Suid was aware of teachers’ absenteeism, particularly JJ but blamed other teachers for not fixing the problem. However, in public, the principal would claim he was not aware of the absenteeism.

D2 Suid Threatened Other Whistleblower Teachers Who Gave Up

• “In this recording, Eddy gave an example of the culture of fear and absenteeism at SMK Taun Gusi created by the principal against teachers that blew the whistle.
• “Eddy explained his unit Sejarah was also suffering from absent teachers. Once principal Suid learnt that history teacher was absent, Suid backed (protected) that teacher instead of acting against that absent teacher. Principal Suid instead put the blame on Cikgu Eddy even humiliating Eddy in the teachers’ WhatsApp group.
• “Eddy also in the recording described that this stressful culture of fear created by principal Suid has made him lose his interest in the teaching profession and step down from the Ketua Panitia position.

D2 Suid Rampantly Faked Documents To Protect His School Reputation

•  “Eddy stated that Suid fabricated documents on school programmes and Suid had forced teachers to key in fake student’s marks (markah terbang) to make it appear as if teachers had quickly finished their marking.
•  “Eddy claimed these fabrications were rampant but his (Suid) goal is to make his school look ‘cantik’ even if there were underlying failures,” she said, when she explained about the audio recording.
• NOTE: D2 retired in 2020 as a 36-year veteran principal; D2 had remained principal at SMK Taun Gusi between 2012 to 2020. D2 has previously been recognized as a Pengetua Cemerlang.

Nurhaizah alone saved KB children, critical evidence

In 2017, Nurhaizah knew the administrators would refuse to act

• She testified that the principal would allegedly do nothing in regards to the said problem of teacher for not entering a number of classes in the said school.
• “I knew the principal or teachers would do nothing about it. I was the Head of English panel when the issue of the teacher’s absenteeism in 2015 was discovered for a number of classes in SMK Taun Gusi.
• She said her complaints and report also fell on deaf ears in 2015, so when the issue recurred with the same teacher in 2017, she took a different strategy.
• That was the reason why I decided not to go through the same situation when the alleged school admins were completely ignorant. I know that I must do something more believable in my evidence, that’s all”.

Nurhaizah becomes Whistleblower Teacher of the Decade: 80x videos

• Under examination-in-chief by counsel Sherzali Herza Asli, who represented the three former students namely Rusiah Sabdarin, Nur Natasha Allisya Hamali and Calvina Angayung, the 10th witness explained that she took the initiative to hide a GoPro camera inside a recycled box and placed it inside the form four Sports Science class so that the students would not notice it.
• This included making 80 time-stamped video recordings of the class, at times when Jainal was supposed to be teaching but was absent, she said.
• She testified that the first video was recorded on September 25, 2017 on Monday at about 9.45am, five minutes early before an English language class was about to start.
• The witness explained that the English language class should start at 9.45am but it was seen in the recording that a teacher, whom she referred to as Mr JJ was not seen entering the class.
• “The second video was taken on the same day but different time which was at 10.45am and still Mr JJ was not seen in the class.
• “The third video was taken the next day at 7.01am, and still no footage of Mr JJ entering the class seen,” the witness testified.
• She further explained the fourth video was also taken on the same day as the third video but at different time which was at 8.01am when Mr JJ’s class had ended and the teacher was still not around.
• To a question, she said that she recorded many videos which she has 80 recording files taken inside the said classroom throughout September 2017 and within that period, Mr JJ never entered the class.

Nurhaizah Gave Only-Ever Exam Lessons to 4 SS Students

• To a question, the witness said that she had provided extra classes for the three plaintiffs and their classmates at that time.
• “I was first approached by Nur Natasya (second plaintiff) as they were feeling the stress of up-and-coming exam as they had no classes anymore.
• “They could not learn English language and as a result they had chosen to attend my extra classes,” the witness said.

Nurhaizah Worked with Whistleblower Mr Ibrahim

• When asked about one Mr Ibrahim, the witness explained that Mr Ibrahim is from America and he was the first and only support system for students who experienced the situation of teacher not entering classes.
• She further said that when there were allegedly no school admins or teachers who stood up for the students, Ibrahim did.
• “He talked to many teachers at the school, officers at the district education office, education department and ministry to make sure the students received justice. The following year, Mr Ibrahim had sponsored the students a private tuition to make up whatever was missing in 2013, especially when the students were going to sit for the SPM exam,” the witness added.

Nurhaizah Confirmed Plaintiffs’ Leaked Exam Questions As Real

• To another question, the witness testified that the third plaintiff, who got the leaked exam questions allegedly from Mr JJ, came to her immediately and showed the questions to her.
• “I was quite surprised that he allegedly leaked the questions to the students a few days before the English paper exam. I actually made a copy of the leaked questions written by one of the students,” said the witness.

The Defendants take the stand

‍The Defendants completed their entire Defence in two days of trial. Only three witnesses were called: D1, D2, and Norhana Idek. Norhana Idek was then the Ketua Bidang Bahasa in 2015 and 2017, had allegedly threatened Cikgu Nurhaizah in 2015 over D1’s absences, and was recorded secretly by the plaintiffs in 2017. Norhana has since been promoted to the Kota Belud PPD.

D1 Jainal claimed he was never informed

• Mohd Jainal Jamran, 50, testified before Justice Leonard David Shim that he was never informed by the school’s principal nor any teacher at the school about the alleged matter.
• In his witness statement, Mohd Jainal further testified that he had also never seen any written complaint against him.

D1 Jainal agreed he was absent from the 4 SS Class for MONTHS in 2017

• This amounts to all English lessons for the plaintiff's class in those months, while he testified he was in school at all for two of those days.

April 2017

• Sherzali: In fact, the State Education Department had also officially confirmed that you were not entering the said class nine times in the month of April 2017, correct?
• Mohd Jainal: Correct.
• Sherzali: That would mean that you were absent nine times for the month of April 2017 in respect of 4SS’s English language classes, correct?
• Mohd Jainal: Correct.

May 2017

• Sherzali: Please refer to the Buku Kawalan for the month of May 2017, you did not sign your attendance on May 4, 2017, correct?
• Mohd Jainal: Correct.
• Sherzali: The State Education Department had also officially confirmed that you were absent on May 4, 2017 in respect of English language subject for the said class, correct?
• Mohd Jainal: Correct.
• Sherzali: That would mean that you were not present at the said class for English language lesson on May 4, 2017, correct?
• Mohd Jainal: Correct.

June 2017

• Sherzali: The State Education Department had also officially confirmed that you were absent six times in the month of June 2017 in respect of the said English language classes for form four Sports Science class, correct?
• Mohd Jainal: Five times.

July 2017

• Sherzali: Please refer to the Buku Kawalan for the month of July 2017, you did not sign your attendance in these documents, correct?
• Mohd Jainal: Correct.
• Sherzali: That would mean that you were absent on July 6 and 17, 2017 in respect of form four Sports Science’s English language classes, correct?
• Mohd Jainal: Correct.

D1 Jainal “forgot” if he taught for three months

July, August, September

• Sherzali: The defendants did not tender the Buku Kawalan for the months of July, August and September 2017, correct?
• Mohd Jainal: According to the documents, yes.
• Sherzali: That would mean that you do not have any evidence to show that you were indeed present during the months of July, August and September 2017 for form four Sports Science’s English language classes, correct?
• Mohd Jainal: Correct.
• Sherzali: I put it to you, you were therefore, wholly absent during the months July, August and September 2017 for form four Sports Science’s English language classes.
• Mohd Jainal: I disagree.
• Sherzali: Why did you disagree? You mentioned earlier that you do not have any evidence to prove that you were present during the months July, August and September 2017?
• Mohd Jainal: Because I could not remember.
• Sherzali: Why do you not remember?
• Mohd Jainal: Because it was long time ago.
• …
• Sherzali: So, you were absent 11 times then for the month of August 2017?
• Mohd Jainal: According to the documents, yes.
• Sherzali: The State Education Department had also officially confirmed that you were absent 11 times for the month of September 2017 in respect of form four Sports Science’s English language classes, correct?
• Mohd Jainal: Yes and there was one time I did not attend school.
• Sherzali: So, you were absent 11 times then for the month of September 2017?
• Mohd Jainal: According to the documents, yes.

D1 Jainal blamed students for misbehaviour

• To a question, Mohd Jainal further claimed that some of the students did not focus, did not pay attention and did not do any preparation in his class.
• However, Mohd Jainal testified that he still continued to enter the said class to teach the students.

D1 Jainal claimed only spot questions were given

• Jainal, however, denied the plaintiff's claim that he had provided them with "leaked exam questions" for the 2017 English final examination. Instead, he said, they were "spot questions".

KBB Norhana claimed no action possible vs absent teachers if students report “late”

• Norhana, who is currently attached to the District Education Department said if the students (plaintiffs) are really serious about their complaint, it should be made earlier. “When complaints are made at the end of the year, no action can be taken.

KBB Norhana knew D1 was absent for multiple years and absenteeism is a serious offence

• During cross-examination, Norhana who is currently District Education Assistant Officer in Kota Belud, admitted she was aware of Mohd Jainal’s absenteeism not just in 2017 but years before that. She also agreed that any teacher’s absenteeism from teaching is a serious offence.

D2 Suid claimed student whistleblowing was “pointless”

• “I feel that their action of complaining is pointless because it is already the end of the year.
• “If they complain about this since the beginning of the year, then I can take appropriate action. “If they are sincerely want to learn, this matter would have been communicated from the beginning,” Suid said, under cross examination by counsel Sherzali Herza Asli who represented the three plaintiffs.
• Suid also agreed that as a principal it is his job to be fully aware of all rules and regulations and ensure that it is followed, and must take action against any serious violations committed by the teachers.
• To a question by Sherzali, Suid said he did not know Mohd Jainal admitted under cross-examination that he (Mohd Jainal) was absent on numerous occasions in his scheduled English classes for 4SS in 2017.

D2 Suid unaware D1 Jainal had admitted to months of absences

• To a question by Sherzali, Suid said he did not know Mohd Jainal admitted under cross-examination that he (Mohd Jainal) was absent on numerous occasions in his scheduled English classes for 4SS in 2017.

The Sabah saga that will reverberate in history

‍These young Sabahan women have fought in one of Asia’s David v Goliath battles. Seven years ago when they were hardly 16 years old, before any election reset Malaysians’ hopes, they risked everything to save their village, their school, and their education system. They entered rarefied territory as relentless whistleblowers, with secret footage spanning five years. Imagine the weight on their shoulders. Imagine the stress on their families. Imagine knowing all of these realities for seven years and witnessing all major reform efforts fail, fluster, and die without grace. Imagine knowing that almost every MOE employee involved remains on a government salary until now.

Whistleblowers only hope left: a Public Ombudsman

‍Imagine being a public servant teacher whistleblower in Malaysia: you blew the whistle to protect poor, rural children whose upbringing is not so different from yours. You have taught tirelessly in the Ministry for 14 years. You upheld every ideal of integrity, transparency, and the right to a quality education. You toiled under mismanaged schools, billions in leakages, and shocking scandals against students. You persisted, blowing the whistle time and time again, for your students’ future. You believe in the potential of Malaysia. Then, your colleagues threatened to kill you. Your Ministry did not protect you. When the highest Courts called for testimony, your Ministry never called you. In fact, your Ministry swore in Court filings that this teacher did enter. To ordinary public servants, it is clear: internal investigations are cheap shams that are simply protected by weak politicians. 

The only solution is an independent Public Ombudsman with investigative, enforcement, and litigation jurisdiction. It is obvious that the rich and powerful already have independent investigations & enforcement that they’ll never give up: Courts. The B40 community might only witness one successful Court case in a lifetime. Enough is enough. To those that fear independent investigations & enforcement–the light to expose hidden hands that block justice: those with small hearts and loud voices, often the very beneficiaries of the darkness, may claim turning on the lights is “ill-advised” or “impossible” in Malaysia. But realise, Malaysia, hopeless victims with no solidarity are their deepest desire for us. If we give in and give up, remember, that's what the corrupt hope for. We must end corruption in education, forever.

#TakBolehPakai #SistemBaru #PendidikanBersih

CASE TIMELINE

Statement of Claim Filed: 12 December 2020

‍Injunction Granted: 30 August 2021

‍Trial: 5 September 2022 - 12 January 2023

‍Court Submissions: 10 April 2023

‍Ruling Date: 18 July 2023

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