KUALA LUMPUR (Oct 22): The High Court on Thursday dismissed an application to hold the entire civil suit proceedings over the fatal stabbing of a schoolgirl in Bandar Utama, Petaling Jaya, last year in camera, ruling that the public would benefit from knowing what transpired.

In rejecting the application, Judge Datuk Anand Ponnudurai said that while the minor defendant's identity must be protected, there was no justification for a total ban on media reporting.

Anand said the court had to balance the need to protect the minor from harassment and psychological distress against the principle of open justice, which allows the public to scrutinise court proceedings.

“In fact, a substantial part of the civil suit concerns whether effective measures had been taken in relation to the incident at the school, including issues relating to policies and systems, rather than solely the minor defendant.

“The case would also bring into focus whether the relevant authorities owed students a duty of care to ensure a safe environment, including addressing mental health issues,” he said.

He said the court was mindful of the Child Act 2001 (Act 611), which restricts the reporting of details that could identify a child, as well as the interests of justice and public interest.

“There are many cases in which orders are granted to protect a child, but the proceedings are still conducted with the media allowed to report, subject to restrictions,” he said.

The judge also ruled that the defendants could apply later for specific witnesses, or parts of their testimony, to be heard in camera if the evidence was likely to reveal the child's identity.

“While the child must be protected, I see no reason for a total ban on reporting. There will be benefits to the public in knowing what transpires, and in the judgment,” he said.

On Oct 1, the family of 16-year-old Yap Shing Xuen filed the suit, naming several government agencies, the parents of the teenage boy who killed Yap, as well as the teenager himself, as defendants.

The suit raises questions about the adequacy of measures to address warning signs and mental health issues in schools, as well as the responsibilities of the defendants named in the suit.

On Sept 14, the Shah Alam High Court acquitted and discharged the teenager of the murder charge after finding that he was of unsound mind at the time of the incident.

The court ordered the teenager to be placed at Hospital Bahagia Ulu Kinta, Perak, for a period to be approved by the Sultan of Selangor.

Subsequently, the Attorney-General's Chambers filed an appeal against the decision.

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