Student discipline not the reason for teacher's absence, court told

The months-long absence of teacher Mohd Jainal Jamran from class could not be explained by issues with student discipline or a preference to teach top-performing classes, the Kota Kinabalu High Court was told yesterday.

The witness Nurhaizah Ejab told the court that, apart from missing lessons at 4PD class for several months in 2015 - which led to the lawsuit - Jainal also failed to show up to teach the 4ST class until the class was disbanded.

Nurhaizah said this during cross-examination by federal counsel Fazriel Fardianshah Abdul Kadir.

Fazriel: Do you have proof he went to the 4ST class?

Nurhaizah: As far as I recall, 4ST was discontinued early in 2015. Referring to Jainal’s schedule on page 116 and schedule number 2 on page 115, 4ST was replaced by 5ST, meaning Jainal did not teach 4ST throughout 2015.

Nurhaizah acknowledged the lack of written evidence regarding Jainal’s absenteeism.

However, she said she has proof in the form of an audio recording of a meeting between English teachers and SMK Taun Gusi’s school principal Suid Hanapi.

“It’s not true that I report daily to the head of (English language) subject about English teachers who don’t turn up in class including Jainal,” Nurhaizah added.

Failing to meet legal obligations

Jainal’s former student Siti Nafirah filed the suit against him. She is represented by lawyer Shireen Sikayun.

Apart from Jainal, she is suing Suid, SMK Taun Gusi, the Kota Belud district education officer, the state education director, the education director-general, the education minister and the federal government for allegedly failing to meet their legal obligations to teach her English and prepare her for her examinations.

Jainal is accused of failing to teach Siti’s class between March and October 2015.

Senior federal counsel Mohd Hafizi Abdul Halim and Fazriel appeared for the defence.

The trial presided by judge Ismail Brahim will continue on Aug 12.

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