Former student experienced emotional stress: Expert
Published on: Wednesday, May 17, 2023
By: Cynthia D Baga
Dr Noor had testified before High Court Judge Datuk Ismail Brahim in the hearing of the suit filed by plaintiff Siti against the teacher Mohd Jainal Jamrin or known as MR JJ (English teacher), SMK Taun Gusi Principal Suid Hj Hanapi (in his capacity as Principal of SMK Taun Gusi), SMK Taun Gusi, Kota Belud District Education Officer, Sabah Education Director, Director General of Education Malaysia, Minister of Education Malaysia and Government of Malaysia.
Kota Kinabalu: A former student who sued a teacher and seven others for allegedly refusing to teach the English subject to her eight years ago, had experienced emotional distress and slight trauma due to her losing the opportunity to get a proper education.
Psychologist Dr Noor Aishah Rosli, 46, said in her findings from her tests, she concluded that Siti Nafirah Siman, 23, has the IQ of low average hence under psychology low average and the average does not really have a difference.
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“She (Siti) scored 87 while the average was 90 and these three different points prove that she has a good intellectual level.
“For the emotional stress, she experienced emotional distress and slight trauma due to her being behind of her studies,” said Dr Noor who is a child clinical psychologist and a registered counsellor.
Dr Noor had testified before High Court Judge Datuk Ismail Brahim in the hearing of the suit filed by plaintiff Siti against the teacher Mohd Jainal Jamrin or known as MR JJ (English teacher), SMK Taun Gusi Principal Suid Hj Hanapi (in his capacity as Principal of SMK Taun Gusi), SMK Taun Gusi, Kota Belud District Education Officer, Sabah Education Director, Director General of Education Malaysia, Minister of Education Malaysia and Government of Malaysia.
The plaintiff is seeking among others a declaration that eight defendants are in breach of their statutory duty under the Education Act by failing to ensure that she is taught the English language during the period of February 2015 to Oct 2015; prepare her for examinations as prescribed under the Education Act.
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She is also seeking a declaration that the defendants are in breach of their duty under Regulation 3C, 25, 26 Public Officers (Conduct and Discipline) Regulations 1913; a declaration that the act complained off by the first, second, fourth, fifth, seventh and eight defendants amounted to misfeasance in public office.
She is also seeking a declaration that the defendants have violated her constitutional right to access to education guaranteed to her under Article 5 read together with Article 12 of the Federal Constitution, damages, costs and any further and other relief which the court may deem fit to grant.
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Dr Noor earlier informed the court that she conducted two tests on Siti to asses her mental status and cognitive ability.
“In this case, I have chosen two tests - one test is for cognitive and the other for emotion. The purpose of these tests are to assess the level of mental status and cognitive ability of Siti - whether she is able to understand his environment including the learning process.
“The emotion test was chosen to assess if she experienced stress and trauma about what she had gone through, especially when it was related to academics,” said Dr Noor.
To a question from counsel Shireen Sikayun who defended Siti, Dr Noor said her tests that had been carried out in 2019 were still relevant even the experience by Siti took place in 2015.
“While I was running both tests, I have taken into account the incident that happened in 2015.
“I have been in this field for 15 years. In the concept of psychology when I did the IQ test in 2015, it would not change even though the incident happened a while ago while cognitively it would be different.
“If a person’s IQ was 75 in 2015, the IQ would not suddenly jump to 90 in a few years, hence, my findings on Siti’s IQ cognitive level is accurate and can be used.
“Likewise, with the self-reflection test that I use to measure emotions, it can be used because if we experience trauma, sadness, or stress, it remains in our lives.
It is impossible that the emotion will disappear as if we never experienced it,” said Dr Noor.
During cross-examination by Federal Counsel Mohd Fazriel Fardiansyah Abdul Kadir, Dr Noor agreed that she was attached to a private organisation and she would charge any fee for her service of conducting tests and preparing a report.
She also agreed that a man named Mr Ibrahim paid for the tests and not Siti.
Dr Noor disagreed when Mohd Fazriel said it was not an initiative by Siti to meet her but it was Mr Ibrahim’s initiative.
To another question, Dr Noor disagreed that her report was biased as she said she took into account all aspects when making the report.
Dr Noor further said that as a psychologist, her main job was to run psychology tests and as a licenced therapist, she also offered counselling.
According to Dr Noor, she was contacted by one Mr Ibrahim to do the tests and he told what had happened at the school.
“He (Mr Ibrahim) had stated that the English Teacher (Mr JJ) did not carry out his main duty to teach the students of Form 4,” she said.
To another question from Mohd Fazriel, Dr Noor said when she prepared her report, she took into consideration Siti’s family.
Senior Federal Counsel Mohd Hafizi Abd Halim together with Mohd Fazriel acted for the defendants.
Trial adjourned to August 16-18 and 28–30.
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