KUALA LUMPUR: The High Court here has rejected a teenage boy’s bid to have a civil suit against him over the fatal stabbing of his female schoolmate heard entirely in camera, or in closed-court proceedings.
Justice P Anand said there was no basis for the broader order sought, which would exclude the public and media from the entire proceedings.
"The identity of the child (identified as L) can be protected without such an extreme measure," he said.
Anand said many cases involving children are heard with orders protecting the child, while the media are allowed to report subject to restrictions.
"Considering the nature of this case and the necessity to protect L, I am of the view that a balancing act is required.
"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.
Anand said the boy's lawyers could apply for witnesses to testify in camera at a later stage if evidence is likely to identify him.
"To clarify, only those parts of the evidence will be ordered to be heard in camera, upon an appropriate application. In the court’s view, this order achieves the aim of protecting L's identity," he said.
The court also ordered the documents filed in the case to be sealed from public access.
The suit was filed by the family of 16-year-old Yap Shing Xuen, who was fatally stabbed by a male schoolmate at a Bandar Utama school last year.
The family named several government agencies as defendants, arguing that they were legally required to take adequate steps to address mental health problems in schools.
They also named L and his parents as defendants, alleging that "the warning signs were clearly there" and that parents have a responsibility to take due care to ensure their children do not harm others.
A Surendra represented the Yaps, Nicholas Poon appeared for the boy and senior federal counsel Liew Horng Bin represented the government agencies. Abraham Au acted for the boy's parents.
On Sept 14, the Shah Alam High Court acquitted the 15-year-old of Yap's murder after ruling that he was of unsound mind when the offence was committed.
Justice Adlin Abdul Majid nonetheless ordered that he be detained at the pleasure of the Selangor sultan at Hospital Bahagia Ulu Kinta in Perak, where he will undergo treatment.
On Sept 24, the Attorney-General's Chambers said it had filed a notice of appeal against the High Court decision.
The boy was accused of fatally stabbing the Form 4 student in the girls' toilet of their school on Oct 14 last year.