The Court of Appeal has dismissed an appeal brought by a mother and her disabled son against the government and a special needs school over their alleged failure to protect the boy from being bullied.
The appellant, now 27, was diagnosed with attention deficit hyperactivity disorder and Asperger’s syndrome.
In 2017, the mother and son initiated legal action against the school, located in Shah Alam, naming its then headmaster, the education ministry, and the government as defendants.
The duo argued that the school and authorities had a duty to provide a safe and supportive environment for students with special needs, and to ensure that teachers and staff were adequately trained to manage such students.
The High Court dismissed the lawsuit in 2023, saying the mother and son had failed to prove their claim against the defendants on a balance of probabilities.
In upholding the lower court’s finding, Justice Nazlan Ghazali said the mother failed to establish that her son had been bullied on four occasions between May and November 2016.
Also on the panel hearing the appeal were Justices Azmi Ariffin and Faizah Jamaludin.
Nazlan also noted that the boy did not testify in his own case, with only his mother giving evidence.
“On top of all that, we also find that the plaintiffs’ case on the alleged incidents could not succeed as the individual, known as ‘H’, who allegedly harassed and assaulted the boy, was neither named as a party nor subpoenaed to give evidence.
“We also find that the plaintiffs’ argument that the boy was incapable of testifying does not hold water. Any person is competent to testify unless the court considers it otherwise,” said Nazlan.
The court emphasised that bullying has no place in society but said the evidence in the case was insufficient to prove that the boy had been victimised.
“There could have been disagreements or even altercations, especially involving the boy and ‘H’ — but the courts make decisions based on facts and evidence,” Nazlan added.
