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The High Court in Kuala Terengganu has upheld the lower court's ruling dismissing a RM400,000 civil suit and defamation claim filed by a former student against a school teacher and the government over a body check and mobile phone theft during a SPM trial practice. Judge Yusrin Faidz Yusoff rejected the appeal by Nur Nabilah Ahmad Zambala, but upheld the court's decision that even if the school had no actual authority under the examination rules to inspect the contents of the mobile phone during the examination, the improper procedural process did not amount to a breach under the law.

The 5th grade student was checked after two students reported seeing her looking at a mobile phone during the Sains Rumah Tangga (home economics science) trial practice at SMK Sura, Dungun on Oct 25, 2020. The mobile phone was inspected by the headmaster and science teacher who found notes and a scheme of answers matching her answers to several subjects.

The school took action to reduce her marks by 1%, though the marks were later restored following intervention from the district education office. Nabilah filed the suit seeking compensation for defamation, emotional distress, and damage to her reputation, alleging the school acted in bad faith and defamed her by writing down and attaching the mobile phone image to the complaint letter.

However, Yusrin ruled that the statement was not defamatory in context and the defendant had presented a justifiable defense by proving the substantive truth of the claim. The judge noted that the school's internal communication was protected by statutory privilege, and while the school's inspection of the mobile phone exceeded its legitimate authority under the examination rules and regulations, the evidence could still be admitted despite the reduction in weight.

He also expressed concern that the school failed to refer the defamation claim to the relevant education authority. In rejecting the appeal, Yusrin maintained the lower court's decision and ordered Nabilah to pay RM5,000 in appeal costs, in addition to the RM10,000 already awarded by the lower court. The judge stated that Nabilah failed to prove her claim based on the balance of probabilities and the defendant did not engage in any wrongdoing.

The appeal process itself was the main cause of her problems, as she chose to bring the mobile phone into the examination hall despite knowing it was prohibited. The appeal could not be contested based on the consequences of her own actions. The judge took into account the understanding that Nabilah was a school monitor, as well as her previous representation of the school and Terengganu in various national and international debating competitions.

Her parents are teachers when the suit was filed in 2021. Her father, Hisyam Yusof and mother, Nor Fatihah Hazmira Mat Azmi acted on Nabilah's behalf, while federal lawyer Nik Rabiatul Adawiah Soupy and Faizuan Khalid represented the government.