Family of Bandar Utama school stabbing victim to pursue civil suit
The family of 16-year-old Yap Shing Xuen, who was fatally stabbed in her school last year, intends to pursue civil action following the Shah Alam High Court’s decision to acquit the assailant of a murder charge.
This comes after the Attorney-General’s Chambers (AGC) announced that it had filed an appeal against the court’s decision on Sept 22...
The family of 16-year-old Yap Shing Xuen, who was fatally stabbed in her school last year, intends to pursue civil action following the Shah Alam High Court’s decision to acquit the assailant of a murder charge.
This comes after the Attorney-General’s Chambers (AGC) announced that it had filed an appeal against the court’s decision on Sept 22.
Yap’s mother, Wong Lee Ping, declined to disclose details of the lawsuit for now, including the parties against whom legal action will be taken and when it will be filed, adding that more information will be provided in due time.
Wong (above) mentioned that she remains troubled by the tragedy, pondering the scenarios that led to her daughter’s death after Yap was brutally killed by her schoolmate in Bandar Utama, Petaling Jaya, on Oct 14 last year.
“If there were already some warning signs before the tragedy happened, were those warning signs seen?
“And if they were seen, did anyone actually take sufficient action?” she queried during a press conference today, as quoted by Malay Mail.
Wong added that while she is not asking schools to guarantee that tragedies would never happen, a child should not have to lose their life before other children who show “warning signs of danger” are provided adequate help.
Wong also questioned whether warning signs had been missed during the accused’s time at the school.
“For two weeks, the student brought a knife to school - why didn’t anyone notice this? I think it is very possible that other students knew.
“Why didn’t the school teachers tell the children that if they noticed anything dangerous, or if someone brought a knife or something like that to school, they should tell a teacher?” she pressed.
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Also present at the press conference was Kepong MP Lim Lip Eng, whose office offered legal assistance to the family.
On Sept 14, the High Court acquitted and discharged a 15-year-old boy on the charge of murdering Yap after finding that he was of unsound mind when he committed the killing.
Judge Adlin Abdul Majid also ordered the teenager to be detained at Hospital Bahagia Ulu Kinta, Perak, for a period to be approved by the Selangor sultan.
He is expected to remain there until medical authorities determine that he is fit to be reintegrated into society.
Yesterday, the AGC announced that it had filed an appeal against the court’s decision.
READ MORE: Legally insane: 3 takeaways from court judgment on school stabbing
‘Touched by AGC’s move’
Commenting on the AGC’s notice of appeal, Wong said: “I was actually very touched because I felt that someone was supporting me.”
Affirming that the family will wait for the appeal process rather than attempt to intervene in matters beyond its control, she claimed that the family has not been able to access certain documentary evidence, including government documents and a medical report.
As such, she declined to comment on aspects of the case while the appeal process takes place, saying the Court of Appeal should make its decision based on the complete evidence.
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Asked if the family is willing to meet the accused again, Wong said: “I don’t think I will meet him again; there is no need for that.”
In the time since her daughter’s death, Wong said she has spent the year carrying out Buddhist prayers and rituals for Yap, including ceremonies marking the 49th and 100th days after her death.
Besides arranging for 20,000 copies of Buddhist scriptures to be printed and distributed to temples, Wong said she struggled to return to work after the tragedy, persevering only because her team still required her assistance.
The family has also had to be careful about how much of the case they discuss with their other daughter, as they do not wish to disturb or affect the teenager’s life.
“In our current situation, it feels like a second trauma for us, so I try to avoid exposing her to these things.
“I only discuss important matters with her. Other things, I don’t tell her too much,” she added.
Sue the Education Ministry and MCMC for allowing kids to be digitally addicted to games & porno. Zero enforcement. Tidak apa attitude. God only knows how more like this lurking around....
As I noted earlier, the judgement exposed the system's failure. Judge Adlin highlighted the system's failure to take action during the five years before the incident. If you read the judgement in full, you would notice many weaknesses and failures that could have prevented the young lady's death in the first place. It is not a surprise that Yap's mother, Wong Lee Ping, is mulling a civil suit, most probably against the school and the education ministry. The key words in the judgement are, "......symptoms of a very early-onset and ultimately extremely severe psychotic illness were present from the age of nine, documented over five years in family accounts, school records and teachers' observations, yet never once recognised as an illness. The signs were there: withdrawal, delusional thinking, a refusal to remove his mask, chronic lateness born of fear, and hallucinated voices. They were read, understandably, as behavioural or disciplinary problems rather than as a medical emergency." This is troubling because Wong's daughter's life could be saved if the boy undergoes early treatment, because before the trial the boy's condition markedly improved after he was prescribed anti-psychotic medication. The judge noted, "(Ian) testified that within three weeks of starting medication, the hallucinations ceased and the delusions began to dissolve, and the child began engaging warmly with his family in a manner not seen for years." As a mother, she has the right to ask why no one stopped it in the first place, as the story reports.
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