Ex-student files lawsuit after being caught hiding iPhone in underwear during exam
A Malaysian court has rejected a lawsuit brought by a former student who was caught concealing an iPhone in her underwear during a school examination six years ago.
The incident took place during a Malaysian Certificate of Education (SPM) trial examination at SMK Sura in Dungun, Terengganu, on 25 Oct 2020.
Source: Sekolah Menengah Kebangsaan Sura
Phone found hidden in underwear during exam hall check
The student was sitting for the Home Science trial paper when several classmates reportedly grew suspicious that she might be cheating.
After receiving complaints, teachers carried out a spot check in the examination hall.
During the inspection, an iPhone 6 was found hidden in the student’s underwear.
Source: Ravi Roshan on Pexels, for illustration purposes only
The phone was confiscated and recorded as evidence of suspected cheating.
Device contained exam-related materials
A later review of the device uncovered notes and reference materials related to the trial examination.
Investigators also found documents containing questions linked to the paper being taken at the time.
Source: Free Malaysia Today, for illustration purposes only
Following the discovery, the school penalised the student by awarding 1% marks for several subjects in the trial examinations, in line with school rules.
Former student later files lawsuit, claiming reputation damage and emotional distress
Although the student later expressed regret, she, now 23 years old, subsequently filed a lawsuit through her father.
The legal action named two teachers, the school principal, the director-general of education, and the government as defendants.
She accused them of negligence, conducting an improper search, and defamation, claiming the incident had harmed her reputation and caused emotional distress.
The plaintiff also alleged that the search was carried out in front of other students and was humiliating.
Court finds teachers acted within reason
However, Sessions Court judge Wan Nor Aklima Wan Salleh dismissed the claim.
In written grounds dated 5 March, the judge found that the teachers had acted reasonably in carrying out the inspection during the examination, noting that the situation arose from the student’s own decision to bring a phone into the exam hall.
The plaintiff had argued that she hid the device in her underwear because she feared it might be stolen if left outside.
But the judge questioned the explanation. “Why place the phone in the underwear rather than somewhere else, such as a shirt pocket?” she asked.
She added that the circumstances suggested the act was planned rather than spontaneous, and described the decision to bring the phone into the examination hall as a serious lapse in judgment.
The court also heard that the inspection was conducted in a closed hall and carried out only by female teachers, with no inappropriate physical contact taking place during the search.
In addition, the judge ruled that statements made by teachers about the suspected cheating did not amount to defamation, as they were made in the course of a disciplinary investigation and were protected by qualified privilege.
Judge raises concerns over leaked exam papers
The court also questioned how the student came into possession of SPM trial examination papers and answer schemes for several core subjects that year.
While noting that inspections and confiscation of prohibited items were not uncommon in schools, the judge said the more troubling issue was the student’s access to the 2020 trial papers and answers, which appeared not to have been fully addressed.
In the end, the court ordered the plaintiff to pay RM10,000 (about S$3,200) in legal costs to the defendants.
The former student has since lodged an appeal to the High Court.
Also read: Man in S’pore sues his former teacher after being jailed for harassing her
Man in S’pore sues his former teacher after being jailed for harassing her
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Featured image adapted from Free Malaysia Today and Ravi Roshan on Pexels, for illustration purposes only.
