Ex-student loses appeal over dismissal of negligence, defamation suit

The High Court in Kuala Terengganu has dismissed a former student's RM400,000 negligence and defamation claim against her teachers and the government following a body search during an SPM trial examination. Justice Yusrin Faidz Yusoff ruled that, although the school did not have express authority to inspect the contents of the student's phone, the procedural irregularity did not constitute actionable negligence.

The student, Nur Nabilah Ahmad Zambala, was accused of looking at a phone during the examination and had her marks reduced to 1% for affected papers, though this was later restored. She sued for damages, alleging humiliation, emotional distress, and reputational damage, claiming the school defamed her by stating she "cheated" in the Home Science paper.

However, the judge found the words were not defamatory and that the defendants had proven the substantial truth of the allegation. The school's inspection exceeded its authority but the evidence remained admissible. The judge expressed concern that the school failed to report the suspected leak of trial examination papers to relevant authorities.

Nabilah's own actions, such as bringing a prohibited phone to the exam, were primarily responsible for her predicament, and she failed to establish her claims on a balance of probabilities. The judge noted Nabilah's position as a school prefect, representing the school internationally, and her parents' professional backgrounds. Her legal team and the government were represented by federal counsel.