Fri, 22 Sep 2023


‘No action taken against absent English teacher’
Published on: Friday, August 18, 2023
By: Cynthia D Baga
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‘No action taken against absent English teacher’
Lawyer representing Siti Nafirah, Shireen Sikayun (left) with psychologist Dr Noor Aishah Rosli outside the courtroom.
Kota Kinabalu: No action was taken against SMK Taun Gusi English teacher Mohd Jainal Jamrin or Mr Jj despite a meeting with officers from the District Education Department (PPD) pertaining to his absenteeism to enter class to teach.

Former Ketua Bidang Bahasa of SMK Taun Gusi, Norhana Ijek, 45, during cross-examination on Thursday, said as far as she remembers, after the meeting held on Aug 24, 2015, no action was taken against Mohd Jainal.

According to Norhana, the meeting was chaired by District Education Department Officer Bakhrain Mohd Yusof.

She was testifying before High Court Judge Datuk Ismail Brahim in the hearing of the civil suit filed by plaintiff Siti Nafirah Siman, 23, against Mohd Jainal, SMK Taun Gusi Principal Suid Hanapi, Kota Belud District Education Office (PPD), Sabah Education Director, Director-General of Education, Minister of Education and the Government of Malaysia as the first, second, fourth, fifth, seventh and eight defendants, respectively.

The plaintiff is seeking, among others, a declaration that the eight defendants were in breach of their statutory duty under the Education Act by failing to ensure that Siti Nafirah was taught the English language during the Feb 2015 to Oct 2015 period; and prepare her for examinations as prescribed under the Education Act.

She is also seeking a declaration that the defendants were 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 had violated her constitutional right to access education guaranteed to her under Article 5 read with Article 12 of the Federal Constitution, and damages, costs and any further and other reliefs which the court may deem fit to grant.

Norhana further testified that a number of record books found missing from the teacher room of the school had nothing to do with attendance records of teachers in class.

She was referring to a police report dated Dec 6, 2018, regarding a number of Buku Pengurusan Kelas missing from the teacher room of the school. 

To a suggestion, she agreed that records of students and subject teachers were in a book named Buku Kawalan.

She explained that the records of teachers entering class in Buku Kawalan were not necessarily filled up after completing a learning session, but also at the beginning of a learning session.

Norhana agreed to a suggestion that a Buku Pengurusan Kelas of the plaintiff Siti Nafirah’s class was no longer kept by the school, but that book was meant to check students’ attendance in class.

“As far as I know, the Buku Pengurusan Kelas was used to monitor student attendance.

“Principal and School Senior Assistant Administration never used Buku Pengurusan Kelas to detect teachers who were not entering class,” she said.

To another suggestion, she was not sure whether Mr Jj had entered the class but did not sign on the Buku Kawalan.

Another subpoena witness, Muarifin Sufianto Mohchoeri, an officer from the State Education Department (JPN), said specifically the JPN did not take any action against Mr Jj for his failure to enter class to teach in 2015.

But, he said, the JPN had informed the school to take action against those teachers who did not enter the class to teach.

According to him, JPN had held a meeting and discussion with the officers in PPD, which means the school and PPD need to take action.

To a suggestion, Mohchoeri, who was Mr Jj’s classmate while in UMS, disagreed that if the school and the PPD did not take any action against Mr Jj, it fell upon JPN and Malaysia Education Ministry (KPM) to take appropriate action.

He further said he was not aware that it was not the first case where Mr Jj was sued for his failure to enter class to teach.

Counsel Shireen Sikayun represented Siti Nafirah while Senior Federal Counsel Mohd Hafizi Abd Halim and Federal Counsel Mohd Fazriel Fardiansyah Abdul Kadir acted for the defendants.

Trial continues.

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