A retired secondary school teacher has been ordered by the High Court to pay RM88,069 in damages to a former student who was slapped four times during a lesson about seven years ago.
High Court Judge Mohd Rosli Yusoff allowed a civil suit filed by the victim, Mohamad Adam Maidin, 21, through his mother Noor Azleen Mohamad, 47, against the teacher and three other defendants.
The teacher, Isamuddin Ismail, 63, was the school’s Senior Assistant for Administration and also taught History. The court found that he had committed a physical assault by repeatedly slapping Mohamad Adam on both cheeks with his right and left hands from behind.
Mohd Rosli said the incident resulted in the student suffering what was described as a “sandwich slap”. The court took into consideration medical evidence and several hearing tests conducted on the victim when assessing the injuries.
The judge also stressed that teachers have a duty of care towards their students and should take appropriate precautions when dealing with them.
The incident took place at around 10.30am on Jan 28, 2019, when Mohamad Adam was 14 and studying in Form Two. He was reportedly seated at his desk with classmates when Isamuddin approached from behind and slapped him four times.
Following the incident, the teenager experienced pain in his face and both ears, as well as dizziness, reduced hearing and ringing in his ears.
A medical report issued in June 2019 found that Mohamad Adam had hearing problems in his right ear, including mild to moderate mixed hearing loss. The condition was diagnosed as trauma-related and believed to have resulted from being slapped.
The incident also had a lasting emotional impact on the teenager. He became traumatised and eventually transferred to another school about a month later because he was afraid to return.
Lawyer Mohd Syukran Mohd Noordin, who represented the plaintiffs, said the court allowed their claims against all four defendants after finding that there were issues of negligence and responsibilities arising from the incident.
The RM88,069 awarded comprises RM45,000 in general damages, RM569 in special damages, RM11,250 in exemplary damages and RM11,250 in aggravated damages, along with RM20,000 in interest and costs.
The civil suit was filed through Messrs Syukran Noordin in March 2021, around two years after the incident. The school’s principal, the Director-General of Education and the Malaysian Government were also named as defendants and represented by Senior Federal Counsel Siti Syakimah Ibrahim.
Speaking after the ruling, Noor Azleen said she noticed a significant change in her son when he returned home from school following the incident. His face was red and he appeared withdrawn and unwell, while also complaining of a headache.
She said one of Mohamad Adam’s classmates later told her that the teenager had been slapped by the teacher and urged her to seek medical treatment for him.
“My son was afraid whenever school was mentioned, so I had to transfer him to another school. It took about two to three years before he regained his confidence,” she said.
