Kota Kinabalu: A warden of SMKA Tun Datu Mustapha declined to answer when asked by counsel about possible negligence by the school and hostel in the Zara Qairina Mahathir incident.
Miswati Lundu, 38, decided not to answer the question posed by counsel Datuk Ram Singh about negligence on Thursday before Coroner Amir Shah Amir Hassan.
Ram: Based on the documents submitted in court, do you agree that in this case there was negligence by the school and hostel in preventing the incident on July 15–16? Is there a possibility of negligence?
Coroner: Teacher, please answer the question because I have a duty to explain that this is an “incriminating question.” You may choose to answer or not.
Miswati: In that case, I choose not to answer.
Ram: Excuse me, you choose not to answer?
Miswati: Yes, I choose not to answer.
During the proceedings, Ram tendered several documents, including Buku Konsep dan Manual Sekolah Selamat: Panduan Pelaksanaan Menjadikan Sekolah, Komuniti dan Keluarga Selamat Untuk Kanak-Kanak.
Referring to the book submitted to the court, Ram asked whether she had followed the counsellor procedures as stated on page 113, to which Miswati replied that she did follow the procedures.
Ram: But earlier you said you did not inform the parents, meaning you did not do at least one part of it, correct?
Miswati: The counsellor procedure here requires it for certain cases that follow this procedure.
Ram: So it was done?
Miswati: For certain cases, we need to follow it like this.
Ram: But in this case, was it done? Not a certain case, Zara’s case.
Miswati: For Zara’s case, no.
Ram: Teacher, just be straightforward…
Miswati: I explained, according to the counsellor procedure here, because this procedure is for serious cases.
Ram: So Zara’s case, this is considered a serious case?
Miswati: Zara, yes, it is a serious case.
Answering an additional question, Miswati, the 48th deponent in Zara’s inquest, admitted that the Safe School guidebook is important.
Meanwhile, Miswati confirmed that she had conducted counselling sessions with five students, four of whom are teenagers charged in the Court for Children. She had prepared a report on this.
To a question from counsel Clarice Vyonne Conrad, Miswati said that in her report, she stated that these students went through a phase of psychological trauma.
Clarice: Can you explain to the court what is meant by the psychological trauma experienced by these five students?
Miswati: These students were among the last to meet Zara, and then an undesirable event occurred, which led to various negative assumptions. They felt that they were involved in the incident because they were among the last to see her. This caused feelings of fear and guilt.
She further told the court that these five female students were teased by male students regarding the Zara incident.
According to her, when the incident happened, everyone knew about it, including both female and male students. She said it was not surprising that the male students could take this matter and tease the female students.
Clarice: As a counselling teacher, can the teasing by the male students toward the Form 4 students be classified as verbal bullying?
Miswati: From what I observed, the incident happened that day, and I did not see it happen again. So, if we were to classify it as verbal bullying, it could be possible.
The inquest continues.
