English teacher transferred after student filed suit, court told
Published on: Tuesday, November 07, 2023
By: Cynthia D Baga
Fadzli was testifying before High Court Judge Datuk Ismail Brahim, in the hearing of the suit filed by plaintiff Siti Nafirah Siman, 23, against JJ, SMK Taun Gusi Principal Suid Hj Hanapi, SMK Taun Gusi, Kota Belud District Education Officer, Sabah Education Director, Director General of Education, Minister of Education and Federal Government, as the first, second, fourth, fifth, sixth, seventh and eighth defendant.
Kota Kinabalu: An English teacher who was sued by his former student for allegedly refusing to teach the subject eight years ago was transferred to another school after filing of the suit in 2018.
Subpoena witness, former State Education Department (JPN) Officer Fadzli Abdul Rozan agreed that the teacher, Mohd Jainal Jamrin (JJ), was transferred to SMK Taun Gusi 2, Kota Belud, after the suit was filed.
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However, Fadzli could not remember the year JJ was transferred.
He further testified that he could not say that JJ was redeployed to a better school than SMK Taun Gusi.
According to Fadzli, he had asked JJ to be transferred because it was part of redeployment process of English teachers and other teachers in the district.
Fadzli was testifying before High Court Judge Datuk Ismail Brahim, in the hearing of the suit filed by plaintiff Siti Nafirah Siman, 23, against JJ, SMK Taun Gusi Principal Suid Hj Hanapi, SMK Taun Gusi, Kota Belud District Education Officer, Sabah Education Director, Director General of Education, Minister of Education and Federal Government, as the first, second, fourth, fifth, sixth, seventh and eighth defendant.
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The plaintiff is seeking, among others, a declaration that the eight defendants breached their statutory duty under the Education Act by failing to ensure that she was taught English from Feb 2015 to Oct 2015 and prepare her for examinations as prescribed under the Education Act.
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.
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She is also seeking a declaration that the defendants have violated her constitutional rights 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 a question from counsel Shireen Sikayun, who defended Siti Nafirah, Fadzli did not remember specifically how many years JJ taught in SMK Taun Gusi before the redeployment process.
But, he said it was more or less than 10 years before the transfer.
Fadzli agreed that he had directed a female English teacher who had spoke up against her higher ups pertaining to JJ’s absenteeism, to be transferred away to another school along with other teachers within Kota Belud.
He told the court that the teacher was transferred to SMK Usukan, Kota Belud.
Fadzli disagreed with Shireen that he ordered the teacher’s transfer to SMK Usukan in 2019 as a punishment to her for speaking up against her higher ups.
He also disagreed that he had ordered the transfer of the teacher to SMK Usukan due to her unwillingness to cooperate with the higher-ups to cover-up JJ’s failure to teach and his breach of statutory duties.
Fadzli further testified that in a meeting, there was no mention about the JJ’s absenteeism.
He further disagreed that there was no proper follow-up with the JPN and PPD after receiving the complaint from one Cikgu Ibrahim and the female English teacher in 2015.
Fadzli testified that the meetings has been done between language officers of PPDs, ETAs and ETA school coordinators to discuss any obstacles regarding the English programme.
He agreed that there had been a follow-up between the PPD and JPN on the issue of JJ’s failure to teach as the JPN had done its part.
Senior Federal Counsel Jesseca Daimis and Federal Counsel Mohd Fazriel Fardiansyah Abdul Kadir acted for the defendants.
The trial would continue today (Tuesday) via Zoom.
The plaintiff had so far called nine witnesses during the hearing and another six witnesses would be called.
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