JOHOR BARU: Police are awaiting a full medical report before concluding investigations into claims that a 10-year-old boy suffered a brain concussion after allegedly being bullied and assaulted by a schoolmate earlier this year.
Johor police chief Commissioner Ab Rahaman Arsad said the first police report was lodged on March 23 at the Skudai police station by the boy’s mother, who alleged her son was attacked by an 11-year-old pupil at a religious school in Taman Universiti, here on Feb 21.
“Investigations were opened, but the mother, school authorities, and the other boy’s parents came to an amicable solution and agreed not to pursue the matter further,” he told the New Straits Times today.
Rahaman said the investigation papers on the Feb 21 incident were submitted to the deputy public prosecutor’s office, which decided not to take further action, given the settlement between the parties involved.
However, on Aug 15, the boy’s mother filed a fresh police report at the Larkin police station, alleging her son was struck on the head during recess at school by another schoolmate.
The matter is now being investigated under Section 323 of the Penal Code for voluntarily causing hurt, which carries a penalty of up to one year’s imprisonment, a fine of up to RM2,000, or both.
Rahaman said that because the alleged perpetrator was a 10-year-old juvenile, he could not be described as a suspect under Malaysian law.
“Cases involving minors fall under the Child Act 2001 (Act 611), which provides special procedures and protections,” he said.
He added that investigators were also mindful of Section 84 of the Penal Code, which addresses the question of soundness of mind in criminal responsibility.
“A juvenile is not criminally liable if, at the time of the act, they were of unsound mind such that they could not understand the nature of the act, or that it was wrong,” he said.
Rahaman stressed that investigations were ongoing and followed strict police protocols.
“We are not sweeping anything under the rug. Once the medical report is received, we will complete our investigation papers and submit them to the deputy public prosecutor’s office for further direction as per police protocol,” he said.
The medical report will determine whether the boy, who is also a cancer patient, indeed sustained a concussion after the alleged assault, he added.
Earlier, the NST reported that the cancer survivor suffered brain trauma after he was allegedly bullied twice by his schoolmates.
His mother, a housewife, claimed that he sought treatment at a private hospital, where doctors confirmed he had sustained a brain concussion.
He is currently admitted to the hospital, after his mother alleged that he was struck on the head by another schoolmate on Aug 7, causing him to suffer severe
The boy had spent the past two years fighting Adenoid Cystic Carcinoma, a rare form of nose cancer.
Despite his health struggles, she described him as lively, studious, and cheerful before the alleged bullying, which she alleged stemmed from a rejected crush involving his elder sister, which saw him kicked, punched, his head slammed, and forced to strip.
© New Straits Times Press (M) Bhd
