Kota Kinabalu: Counsel Sherzali H Asli, representing three former students in the landmark “Tiada Guru” case slammed the Attorney-General for deflecting blame on the delayed payment of RM150,000 in court-ordered damages.
“It is wholly inaccurate and unfair to suggest the plaintiff or their counsel were at fault for the more than two-year delay in payment.
“The Federal Government made a conscious decision not to appeal the High Court’s judgment. Once the judgment stands unchallenged, the burden in law shifts squarely onto the Government and the AGC to take all necessary steps to effect payment without delay,” Sherzali said in a statement.
He said the AGC lost the case, chose not to appeal and then allowed more than two years to pass without initiating payment.
“The delay is entirely due to inaction by the government and the AGC,” he said.
Sherzali pointed out that the High Court had expressly ordered five per cent annual interest from the date of judgment until full settlement, which continues to accumulate due to the government’s inaction.
He dismissed as nonsensical any suggestion that plaintiffs must submit specific forms or letters when a valid court order already exists.
“There is nothing to ask. The court order speaks for itself. The defendants know precisely what must be paid and to whom,” Sherzali said.
He criticised what he called a bureaucratic culture that requires reform, saying the expectation that citizens must chase the government and follow opaque internal procedures before a court order is honoured reflects poorly on institutional efficiency.
“These procedures and SOPs impose unnecessary inconvenience on the rakyat, who ultimately fund the AGC and the federal government through their taxes,” he added.
Sherzali called on the AGC to move without further delay to honour the court order and bring closure to the long-standing matter.
For the record, the three former SMK Taun Gusi students, Rusiah Sabdarin, Nur Natasha Allisya Hamali and Calvina Angayung, filed a lawsuit in 2023 after repeated absenteeism by a teacher affected their education.
The trio are still waiting for the Government to pay RM150, 000 in court-ordered damages more than two years after a High Court ruling in their favour.
