'Appalled' MP asks AG to withdraw federal counsel from Ain suit
A lawmaker has expressed horror at the revelation that a senior federal counsel is representing a teacher who allegedly made a rape joke in class last year and a former headmistress, in a counterclaim lawsuit filed by former school student Ain Husniza Saiful Nizam.
Seputeh MP Teresa Kok said she was “appalled” to read that a senior federal counsel is defending the male teacher and the former headmistress of the school who were named as defendants in Ain’s counterclaim.
"How can a senior federal counsel act for them since the teacher and headmistress were sued in their personal capacities?
"Moreover, it was Ain who was first sued for defamation by the teacher who cracked a rape joke in class. Ain who was at the receiving end was forced to defend herself and had to make a counterclaim against the teacher.
"I urge Attorney-General Idrus Harun to withdraw the representation for the teacher and the ex-headmistress in this private legal tussle and stick to defending government entities only," Kok (above) said in a statement today.
Yesterday, Ain and her father Saiful Nizam Ab Wahab filed an affidavit in which they said it was “improper” and irregular for the senior federal counsel to act for the teacher and former headmistress as they were sued in their personal capacities.
Ain Husniza Saiful Nizam
Kok questioned the move, saying that it would set a bad precedent for federal counsels to act for current and retired civil servants in their private suits.
"Let us get the facts right here, all Ain did, as a female child, was to legitimately express disdain against her male adult teacher who (allegedly) trivialised rape and left it at that.
"She did not initiate any legal action, though it was within her rights. But she and her father were sued by the teacher.
"Clearly, this is a private suit between teachers and their ex-student. How can a government lawyer step in to act for the private parties, a civil servant and a retired civil servant?” she asked.
Counterclaim filed in March
In filing their counterclaim in March, Ain and her father contended that the teacher’s defamation suit against them was done with the intent to cover up the truth behind the alleged lewd classroom banter.
SMK Puncak Alam’s former teacher Khairul Nizam Sanuddin, then high school principal Sarimah Mohammed Nor, Selangor state education director Anismah M Noh, Education Minister Mohd Radzi Md Jidin and the government were listed as the first, second, third, fourth and fifth defendants in the counterclaim.
Previously, it was reported that Khairul filed a defamation suit against the father and daughter over a TikTok video that alleged classroom sexual harassment.
Khairul was temporarily transferred to the Selangor Education Department while police investigated the matter. They later classified the case as no further action.
According to a copy of the counterclaim filed at the Klang Sessions Court on March 4 sighted by Malaysiakini, Ain and her father (first and second plaintiffs in the counterclaim) contend that the lewd banter in the classroom was done with malice and full knowledge of its implications.
The teacher's civil action was originally filed at the Shah Alam Sessions Court but was transferred to the Klang Sessions Court.
Kok questioned the move, saying that it would set a bad precedent for federal counsels to act for current and retired civil servants in their private suits.
"Let us get the facts right here, all Ain did, as a female child, was to legitimately express disdain against her male adult teacher who (allegedly) trivialised rape and left it at that.
"She did not initiate any legal action, though it was within her rights. But she and her father were sued by the teacher.
"Clearly, this is a private suit between teachers and their ex-student. How can a government lawyer step in to act for the private parties, a civil servant and a retired civil servant?” she asked.
Counterclaim filed in March
In filing their counterclaim in March, Ain and her father contended that the teacher’s defamation suit against them was done with the intent to cover up the truth behind the alleged lewd classroom banter.
SMK Puncak Alam’s former teacher Khairul Nizam Sanuddin, then high school principal Sarimah Mohammed Nor, Selangor state education director Anismah M Noh, Education Minister Mohd Radzi Md Jidin and the government were listed as the first, second, third, fourth and fifth defendants in the counterclaim.
Previously, it was reported that Khairul filed a defamation suit against the father and daughter over a TikTok video that alleged classroom sexual harassment.
Khairul was temporarily transferred to the Selangor Education Department while police investigated the matter. They later classified the case as no further action.
According to a copy of the counterclaim filed at the Klang Sessions Court on March 4 sighted by Malaysiakini, Ain and her father (first and second plaintiffs in the counterclaim) contend that the lewd banter in the classroom was done with malice and full knowledge of its implications.
The teacher's civil action was originally filed at the Shah Alam Sessions Court but was transferred to the Klang Sessions Court.
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