Ex-student loses appeal over dismissal of negligence, defamation suit
Nur Nabilah Ahmad Zambala had sued for damages over alleged humiliation, emotional distress and damage to her reputation.
The High Court in Kuala Terengganu has dismissed a former student's RM400,000 negligence and defamation lawsuit against her teachers and the government for a body search and phone seizure during an SPM trial examination. Justice Yusrin Faidz Yusoff ruled that the school did not have explicit authority to inspect the contents of the phone, but acknowledged that the evidence was admissible with reduced weight.
The judge also expressed concern that the school failed to report the suspected leak of confidential trial examination papers to the relevant education authorities. Nabilah Ahmad Zambala's claims of humiliation, emotional distress, and damage to her reputation were dismissed, as the court found the school's actions not to be negligent.
The appellant herself was primarily responsible for bringing the prohibited phone into the examination hall. The judge further noted that Nabilah had represented the school and Terengganu in various national and international scouting events, and her parents were educators. Her legal team and the government were represented by federal counsel Nik Rabiatul Adawiah Soupy and Faizuan Khalid.
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