By M. MAGESWARI
mages@thestar.com.my
KUALA LUMPUR: A head discipline teacher has been acquitted by a magistrate's court in Ampang of 11 counts of molesting female students in his school over two years ago.
Ismazi @ Megat Ismazi Ismail (pic), 51, was freed without having his defence called after testimony from 23 prosecution witnesses, including students, parents and teachers.
In her judgement, magistrate Ayuni Izzaty Sulaiman said the prosecution's failure to call a school prefect present during the incident to give testimony was “fatal”.
“The details written by the prefect in the student complaint form over the incident was in contradiction to the evidence given by the students involved.
“Most of the students involved have disciplinary records, except for three girls.
“The court could observe and see the trend of their answers, most of whom have colluded in giving their evidence.
“The court is of the view that the prefect's evidence is very crucial as he was also present in the room and could clearly explain the real situation that occurred,” she said, adding that there was also “conflicting” evidence given by the 11 female and two male students in the room.
Ismazi, a father of four, had earlier been accused of putting his hand on the chest of 11 Form Three female students in the disciplinary teacher's room in Pandan Indah, Ampang, between 7.30am and 8.30am on Feb 25, 2011.
According to the court papers, the students, along with two boys, were brought by the school prefects to see the discipline teacher after they were caught skipping the morning assembly.
Ayuni Izzaty said although the prosecution proved that Ismazi had used criminal force on the students, it failed to establish that he had the intention to outrage their modesty.
The prefect, she said, had written that Ismazi had asked permission from the female students to check their pulses by putting his hand under their necks before they were caned.
“There was no evidence from any female or male student in the disciplinary room stating that they have screamed, struggled or cried after he put his hand under their neck, the middle of their breast or on their breasts,” she said.
Ismazi, who had been suspended from work for three years, said he was relieved and thankful by the verdict.
“I only get half pay to support my family.
“After paying other expenses, I have to do odd jobs, including sell-ing ice-cream around schools,” he said, adding that his wife, who is unemployed, and four children had come under pressure from the court case.
“Thank God, justice has prevailed,” added Ismazi, who said he consoled himself by continuing his doctorate studies in literature in Universiti Kebangsaan Malaysia.
DPP Goh Ai Rene said she had filed an appeal against the acquittal.
In her judgement, magistrate Ayuni Izzaty Sulaiman said the prosecution's failure to call a school prefect present during the incident to give testimony was “fatal”.
“The details written by the prefect in the student complaint form over the incident was in contradiction to the evidence given by the students involved.
“Most of the students involved have disciplinary records, except for three girls.
“The court could observe and see the trend of their answers, most of whom have colluded in giving their evidence.
“The court is of the view that the prefect's evidence is very crucial as he was also present in the room and could clearly explain the real situation that occurred,” she said, adding that there was also “conflicting” evidence given by the 11 female and two male students in the room.
Ismazi, a father of four, had earlier been accused of putting his hand on the chest of 11 Form Three female students in the disciplinary teacher's room in Pandan Indah, Ampang, between 7.30am and 8.30am on Feb 25, 2011.
According to the court papers, the students, along with two boys, were brought by the school prefects to see the discipline teacher after they were caught skipping the morning assembly.
Ayuni Izzaty said although the prosecution proved that Ismazi had used criminal force on the students, it failed to establish that he had the intention to outrage their modesty.
The prefect, she said, had written that Ismazi had asked permission from the female students to check their pulses by putting his hand under their necks before they were caned.
“There was no evidence from any female or male student in the disciplinary room stating that they have screamed, struggled or cried after he put his hand under their neck, the middle of their breast or on their breasts,” she said.
Ismazi, who had been suspended from work for three years, said he was relieved and thankful by the verdict.
“I only get half pay to support my family.
“After paying other expenses, I have to do odd jobs, including sell-ing ice-cream around schools,” he said, adding that his wife, who is unemployed, and four children had come under pressure from the court case.
“Thank God, justice has prevailed,” added Ismazi, who said he consoled himself by continuing his doctorate studies in literature in Universiti Kebangsaan Malaysia.
DPP Goh Ai Rene said she had filed an appeal against the acquittal.
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