THE Federal Court today affirmed that a student who suffered permanent ear damage after being bullied at a secondary school in Terengganu eight years ago will be awarded more than RM600,000.

The victim’s lawyer, Nik Nur Syazwani Nik Suhaimi, said his client was awarded the damages after the apex court ruled that all nine respondents, including five former students, were responsible and negligent in the beating and bullying of the appellant (victim).

“The Federal Court also unanimously upheld the Kuala Terengganu High Court’s ruling and set aside the Court of Appeal’s decision. Therefore, all respondents are directed to pay compensation to the appellant,” the lawyer said when contacted today.

Yesterday, a three-judge panel, comprising Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judges Mary Lim Thiam Suan and Abdul Karim Abdul Jalil, allowed the appellant’s appeal in an online proceeding.

The appellant was represented by lawyers Wan Azliana Wan Adnan, Hisyam Yusof and Diyana Ibrahim, while all the respondents were represented by federal counsel Andi Razalijaya A. Dadi and Zureen Elina Mohd Dom.

On April 2, 2017, the boy, who was 14 when he was bullied, filed a lawsuit through his father against five Form Five students of the school as the first to fifth defendants. The victim is now 22.

The other defendants were the senior assistant (student affairs), the principal, the Education Ministry director-general and the government.

The victim said he was beaten, bullied and attacked by the five senior students, resulting in a ruptured right eardrum.

The incident that occurred on April 26, 2015 left the victim with permanent disabilities and hearing loss as well as severe trauma and emotional distress, leading him to undergo psychiatric treatment.

On September 29, 2019, the Kuala Terengganu High Court ordered all the defendants to pay compensation amounting to RM616,634.20 after allowing the plaintiff’s lawsuit.

High Court judge Zainal Azman, in his judgment, found that the school was negligent in allowing the bullying to happen in the prefects’ dormitory.

However, on May 20, 2021, the Court of Appeal overturned the High Court’s decision and ruled that the plaintiff failed to prove the liability of the five senior students who had beaten, bullied and attacked him, while finding the other defendants not liable for the incident. – Bernama, October 17, 2023.