The Kuala Terengganu Sessions Court has dismissed a lawsuit filed by a former student who challenged disciplinary action taken against her after she was caught hiding a smartphone in her underwear during a Sijil Pelajaran Malaysia (SPM) trial examination.
Judge Wan Nor Aklima Wan Salleh ruled that the search carried out by teachers during the examination was reasonable and conducted in accordance with school procedures.
The case dates back to Oct 25, 2020, when the plaintiff was sitting for a Home Science paper in the SPM trial examination at SMK Sura in Dungun.
The court heard that teachers conducted a spot inspection after several students alerted them to suspected cheating during the examination. The search later led to the discovery of a gold iPhone 6 concealed inside the student’s underwear.
The device was confiscated immediately and treated as evidence of a possible cheating attempt.
Further inspection of the phone uncovered examination-related materials, including notes and documents containing questions believed to be linked to the paper being taken at the time.
Following the discovery, the school imposed disciplinary measures by awarding the student only one per cent marks for several subjects in the trial examination, in line with school examination rules.
The woman, who is now 23, later expressed remorse over the incident but proceeded to file a civil suit through her father against two teachers, the school principal, the Director-General of Education and the government.
In her claim, she alleged negligence, defamation and improper conduct during the search, arguing that she had been embarrassed by the inspection and that the cheating accusation had harmed her reputation and caused emotional distress.
However, in the written judgment dated March 5, Wan Nor Aklima held that the situation arose from the plaintiff’s own actions in bringing the phone into the examination hall.
The plaintiff had argued that she hid the phone in her underwear because she was worried it might be stolen if left outside the hall.
The judge rejected this explanation.
“The court finds it difficult to accept why the device had to be placed in the underwear instead of a pocket. This suggests a deliberate decision rather than a spontaneous act,” she said.
She added that the plaintiff had taken a serious risk by bringing the phone into the examination hall, describing the move as a lapse in judgment.
The court also raised questions about how the plaintiff had gained access to several SPM trial examination papers and answer schemes before the examinations were conducted.
According to the judge, the search carried out by the teachers was not unusual in a school setting. The court also found that the inspection was conducted in a closed room with only female teachers present and that no inappropriate physical contact occurred.
On the defamation allegation, the judge ruled that statements made by teachers regarding the suspected cheating were part of a disciplinary investigation and were protected under qualified privilege.
The court ordered the plaintiff to pay RM10,000 in costs to the defendants.
It is understood that the plaintiff has since filed an appeal against the decision at the High Court.
During the proceedings, the plaintiff was represented by lawyer Hisyam Yusof, while Nik Rabi’atul Adawiyah Soupy and Muhammad Faizuan Khalid from the Terengganu State Legal Adviser’s Office acted for the defendants.
-THE MALAYSIA VOICE
