Nearly a year after 16-year-old Yap Shing Xuen was fatally stabbed at school, her mother Wong Lee Ping says the family plans to pursue a civil suit as the criminal case enters the appeal stage.
Wong said the family’s lawyers would file the civil action, although details and the timing of the suit had yet to be finalised.
“Our lawyers will be filing a civil suit. Until the criminal proceedings are completed, we will not comment on the details. Our lawyers will explain those matters later,” she told a press conference in Kuala Lumpur on Friday.
She also confirmed that the family was considering legal action against certain parties but declined to identify them, saying the matter would be reviewed at an appropriate time.
For Wong, however, the legal action is about more than seeking another avenue for justice.
“I am not here today to seek resolution in the criminal case, because my daughter is already gone.
“No matter what we do today, I will never be able to hear her call me again. I will never be able to call her home again,” she said through tears.
‘Were The Warning Signs Seen?’
Wong said she remained troubled by whether there had been warning signs before the fatal stabbing and whether sufficient action could have been taken.
“If there were already some warning signs before the tragedy happened, were those warning signs seen?
“And if they were seen, did anyone actually take sufficient action?” she asked.
She stressed that she was not demanding schools guarantee that such tragedies could never happen.
Instead, she hoped warning signs involving potentially dangerous behaviour would be acted upon before another child was harmed.
“My daughter does not have a second chance,” she said.
Wong said she hoped her daughter’s death could lead to stronger safeguards for other students.
She also questioned how a student could allegedly bring a knife to school during his first two weeks without being detected.
“For two weeks the student brought a knife to school, why didn’t anyone notice this? I think it is very possible that other students knew,” she said.
Wong also questioned whether students had been adequately encouraged to report dangerous behaviour or weapons to teachers.
Her husband, How Boon Chin, said schools should be places where students feel safe.
“School is supposed to be a very safe place,” he said.
From Murder Charge To Appeal
Shing Xuen was fatally stabbed at a secondary school in Bandar Utama on October 14 last year.
The teenager accused of killing her, who was 14 at the time, was charged with murder at the Petaling Jaya Magistrates’ Court on October 22.
The case later underwent psychiatric assessment before being transferred to the Shah Alam High Court, where proceedings were conducted in camera because the accused was a minor.
The teenager was found fit to stand trial in January and pleaded not guilty when the murder charge was read again at the High Court on February 12.
The trial began on August 3.
On August 13, the High Court ordered the teenager to enter his defence after finding that the prosecution had established a prima facie case.
The defence closed its case on August 26 after the accused and a forensic psychiatrist testified.
On September 14, High Court Judge Adlin Abdul Majid acquitted and discharged the teenager after finding that he was of unsound mind at the time of the offence.
The court also ordered him to be placed at Hospital Bahagia Ulu Kinta for a period to be approved by the Sultan of Selangor.
The Attorney General’s Chambers (AGC) subsequently filed a Notice of Appeal at the Court of Appeal on September 22 against the acquittal.
Family ‘Touched’ By Appeal
Kepong DAP MP Lim Lip Eng, whose office provided legal assistance to the family, said the AGC’s decision to appeal indicated that prosecutors were challenging the High Court ruling.
“And to answer a few questions from the reporters whether we or the family members agree with the judgment, I think the government has answered. The government disagrees with the judgment, hence the appeal,” he said.
Wong said she was moved when she learned that the AGC would appeal.
“When I heard that the AGC was appealing, I was actually very touched because I felt that someone was supporting me,” she said.
The family will now wait for the appeal process, while Wong said they did not intend to interfere with matters that were before the courts.
She also said the family had not been given access to certain documentary evidence, including government documents and a medical report.
As the appeal remains pending, Wong said she would refrain from commenting on some aspects of the case and allow the Court of Appeal to consider the full evidence.
Asked whether she would meet the accused again, Wong said she had no intention of doing so.
“I don’t think I will meet him again, there is no need for that,” she said.
‘It Feels Like It Happened Only The Day Before Yesterday’
Despite the passage of almost a year, Wong said the loss of her daughter still felt painfully recent.
She said returning to work had been difficult and that her family had reduced its workload following Shing Xuen’s death.
“It feels as though this happened only the day before yesterday,” she said.
Wong said much of the past year had been spent trying to cope with the loss, including carrying out Buddhist prayers and ceremonies marking the 49th and 100th days after her daughter’s death.
She also arranged for 20,000 copies of Buddhist scriptures to be printed and distributed to temples.
The family has also been careful about discussing the case with Wong’s other daughter, whom she said could be affected by the ongoing proceedings.
“Because in our current situation, it feels like a second trauma for us,” she said.
Wong expressed gratitude to members of the public who had supported the family throughout the case.
“The public has really shown us a lot of care and support. I am really touched. I thank everyone and am grateful that people have shown us this support,” she said.
How said the family would hold another press conference once more details about the planned civil suit were available.
