KUCHING: The family of the late Kho Yong Oi, a former student of SMK Batu Lintang who drowned in a flash flood that hit Jalan Rock two years ago, lost in a negligence law suit filed against the government in a Sessions Court here yesterday.
The decision was made by Judge Dayang Ellyn Narisa Abang Ahmad who dismissed the law suit with cost.
Yong Oi’s father Kho Kiew Teck, 46 and mother Chang Bee Hong, 44, named the principal of SMK Batu Lintang Mohammad Syariff Affendy Mat Jeraie, Malaysia Education Ministry and Kuching South City Council as the first, second and third defendants respectively.
The court instructed the plaintiffs to pay a total cost of RM12,000 to the first and second respondents and RM8,000 to the third respondent.
Among others, the judge ruled that the school principal had complied with the guidelines set out in ‘Konsep Dan Manual Sekolah Selamat’ prepared by the Education Ministry.
She also said it was the responsibility of the contractors to ensure safety of the place and not the local council.
In the statement of claim filed last year, the plaintiffs said the defendants had failed to check whether the roads surrounding the school were safe before ordering or directing students of SMK Batu Lintang, including their late daughter, to return home.
They also said the defendants had also failed to pay heed to the dangerous situation at the material time and warn students of the school as well as prohibit them from leaving the school until the water level subsided.
They also alleged the principal had failed to follow the guidelines set out by the Education Ministry.
The statement also claimed that due to the incident, the second plaintiff, Kho’s mother, had been receiving treatment at the psychiatric clinic due to post traumatic stress disorder, including depression.
It further said this had deprived Chang, who is a teacher, of her prospect of promotion and salary increment.
The plaintiffs therefore claimed for special damages in the sum of RM39,525 for general damages, interests, cost and other relief deemed fit and just.
On Jan 5 2012, the then 19-year-old Yong Oi, a Form 6 student, fell into a swift-flowing monsoon drain while walking to a bus stop near her school after her car stalled near a petrol kiosk.
Herman Sihas, a worker at the kiosk tried to save her but both of them were swept away.
Herman’s body was found in Sungai Maong Ulu while Kho’s was found along the bank of Sarawak River next to a coal-powered plant near Kampung Goebilt.