Ex-student loses appeal over dismissal of negligence, defamation suit
The High Court in Kuala Terengganu dismissed a former student's lawsuit against her school and the government regarding a body search and phone seizure. The judge ruled that while the school lacked specific authority to inspect the phone, the action did not constitute actionable negligence and the school's internal allegations were justified.
Why it matters
This case highlights the legal boundaries of school disciplinary actions and the balance between student privacy rights and institutional authority in educational settings.
The High Court in Kuala Terengganu upheld a sessions court ruling over a school’s search and cheating allegation against a former pupil.
PETALING JAYA: 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.
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