KUALA LUMPUR: The High Court today dismissed an application for a civil lawsuit over the fatal stabbing of a 16-year-old girl by her schoolmate in Bandar Utama to be heard entirely behind closed doors, ruling that the case should remain open to public scrutiny.
Judge Datuk P. Anand said the case was not merely about the teenage boy accused of stabbing Yap Shing Xuen, but also concerned whether the relevant authorities had put in place effective measures to ensure students' safety.
He said the lawsuit would bring to the fore questions over whether government officers and ministries owed a duty of care to provide a safe environment for students, including addressing mental health issues.
Anand said this in rejecting an application by the teenage boy, named as the first defendant in the civil suit, to have the entire proceedings heard behind closed doors and to impose a blanket ban on media reporting.
The judge said although the boy's identity must be protected, there was no justification for excluding the public and media from the entire proceedings.
"While the child must be protected, I see no reason for a total ban on reporting. There will be benefits to the public in knowing what transpires, and in the judgment," he said.
The court said it had to balance the need to protect the minor against the principle of open justice, which allows the public to scrutinise the workings of the law.
He acknowledged that exposing the boy's identity could subject him to harassment and psychological distress, potentially causing serious emotional harm and affecting his future education.
However, he said the lawsuit concerned broader issues beyond the boy's alleged actions.
"Essentially, it is a claim against the relevant officers and ministries concerning its policies and systems," he said.
He noted that many cases involving children were conducted with the media allowed to report on the proceedings, subject to restrictions protecting their identities.
"The identity of D1 can be protected without such an extreme measure," he said, referring to the teenage boy.
The judge instead ordered the identities of the boy, his parents and his litigation representative to be anonymised in all court documents.
Anand said the boy's lawyers could apply for specific witnesses or portions of their testimony to be heard behind closed doors if the evidence was likely to reveal his identity.
The civil suit was filed by Yap's family following her death after she was allegedly stabbed by a male schoolmate at a school in Bandar Utama last year.
The family named the boy, his parents and several government agencies as defendants.
They alleged that the authorities had failed to take adequate measures to address mental health issues and ensure students' safety at schools.
The family also claimed that the boy's parents had a responsibility to take reasonable care to prevent their son from harming others.
Lawyer A. Surendra represented Yap's family, while Nicholas Poon appeared for the teenage boy.
Lawyers Abraham Au, Van Shir Mooi and Tan Soo Yew represented the boy's parents, while senior federal counsel Liew Horng Bin appeared for the government agencies.
In the criminal case, the Shah Alam High Court acquitted and discharged the teenage boy on Sept 14 after finding that he was of unsound mind when the stabbing occurred.
Judge Adlin Abdul Majid ordered him to be placed at Hospital Bahagia Ulu Kinta, while the Attorney-General's Chambers filed an appeal against his acquittal on Sept 22.
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