Ex-Student Who Hid Phone In Underwear During SPM Exam Six Years Ago Sues School For Emotional Distress

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A former secondary school student who was caught concealing an iPhone in her underwear during a SPM trial exam six years ago has had her lawsuit against several parties dismissed by the Kuala Terengganu Sessions Court, with the court ordering her to pay RM100,000 in costs to the defendants.

The incident occurred on October 25, 2020, during a Home Science SPM trial at SMK Sura in Dungun, Terengganu. Teachers conducted a surprise inspection after other students raised suspicions of cheating. An iPhone 6 was discovered hidden in the student’s underwear, containing notes and documents related to the exam. Consequently, she received only 1% in several subjects under the school’s examination regulations.

Now 23, the ex-student filed a lawsuit against two teachers, the school principal, the Director-General of Education, and the government, claiming negligence, an improper search, and defamation. She argued that the body search was conducted publicly in front of other students and that the allegations of cheating caused emotional distress and damaged her reputation.

Judge Wan Nor Aklima dismissed the claims, noting that the incident was a direct result of the student’s own actions. The court found that hiding the phone in her underwear was a premeditated act rather than a spontaneous decision. The inspection took place in a closed hall with only female teachers present, and no inappropriate contact occurred. The defamation claim was rejected as the teachers’ statements were protected under qualified privilege during the disciplinary investigation.

The judge also questioned how the student obtained several SPM trial examination papers in advance, suggesting this was the central issue. Following the dismissal, the ex-student intends to appeal the case at the High Court.

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