KUALA LUMPUR, Oct 3 — The mother and sister of the 16-year-old student who was fatally stabbed at a secondary school in Bandar Utama last year have filed a civil suit at the Kuala Lumpur High Court.
The family’s lawyer, Surendra Ananth, confirmed the suit that was filed on Thursday, adding that case management has been fixed for October 29.
“We have named a number of government agencies as defendants. We have named the parents of the boy who killed my daughter as defendants. We have also named the boy himself as a defendant,” the victim's mother, Wong Lee Ping, said in a statement today.
“With the increasing mental health challenges faced by our children today, we cannot choose to stay silent anymore.
“Grand statements and plans are insufficient. We cannot wait until more lives are lost before proper action is taken,” she added.
The intention to pursue civil action was first publicly announced on by Wong September.
Almost a year after her daughter, Yap Shing Xuen, was fatally stabbed on October 14 last year, Wong continues to seek answers over whether the tragedy could have been prevented.
At the time, the family said it planned to pursue a civil suit as the criminal case moved to the appeal stage following the Shah Alam High Court’s decision to acquit the teenage accused on the grounds of unsoundness of mind.
“Our lawyers will be filing a civil suit. Until the criminal proceedings are completed, we will not comment on the details. Our lawyers will explain those matters later,” Wong told a press conference on September 25.
The teenager accused of killing Yap, who was 14 at the time, was charged with murder at the Petaling Jaya Magistrates’ Court on October 22 last year.
The case subsequently underwent psychiatric assessment before being transferred to the Shah Alam High Court, where the trial was conducted in camera as the accused was a minor.
A psychiatric assessment found him fit to stand trial in January. He pleaded not guilty when the murder charge was read again at the High Court on February 12.
The trial began on August 3. On August 13, the High Court ordered the teenager to enter his defence after finding that the prosecution had established a prima facie case.
The defence closed its case on August 26 after two witnesses — the accused and a forensic psychiatrist — testified.
On September 14, High Court Judge Adlin Abdul Majid acquitted and discharged the teenager after finding that he was of unsound mind at the time of the offence, and ordered him to be placed at Hospital Bahagia Ulu Kinta for a period to be approved by the Sultan of Selangor.
The Attorney General’s Chambers filed a notice of appeal at the Court of Appeal on September 22, challenging the acquittal.
