PUTRAJAYA: The Court of Appeal has dismissed an appeal by a former special education student seeking damages and declaratory relief over alleged bullying and insufficient educational support. The appellant, now 27, has ADHD and Asperger’s Syndrome.
A three-member bench, comprising Justices Datuk Mohd Nazlan Mohd Ghazali, Datuk Azmi Ariffin, and Datuk Faizah Jamaludin, ruled that the appellant failed to substantiate his claims against the school, principal, Malaysian government, and Education Ministry. The lawsuit, filed in 2017, alleged negligence leading to physical and verbal abuse.
The appellate court upheld the High Court’s February 2023 decision, citing insufficient evidence. Justice Mohd Nazlan noted the appellant did not testify, and his adoptive mother’s testimony was deemed hearsay. “The alleged assailant was neither named in the suit nor called as a witness,“ he said.
While condemning bullying, the court found no proof of victimisation. Justice Mohd Nazlan emphasised schools’ duty of care but found no breaches in this case. The appellant had claimed repeated bullying, including being tied to his bed and spat on, with no action taken despite complaints. – Bernama