Acquittal of teachers in UPSR leak not binding on similar trials, says Ipoh lawyer M.Kula

By ISTA KYRA SHARMUGAM

Published: 20 April 2015 6:39 PM

Lawyer M. Kula Segaran (third from left) speaking to supporters of the accused P. Uma Mageswari (second right) outside the Kuala Kangsar Sessions Court today. – The Malaysian Insider pic by Ista Kyra, April 20, 2015.

The acquittal by the Seremban Sessions Court of two teachers who were charged over leaked UPSR examination papers is not necessarily binding over the trial of another school teacher being charged in Kuala Kangsar, Ipoh, for unauthorised possession of the exam papers last year, lawyer M. Kula Segaran said today.

Kula Segaran, who is representing P. Uma Mageswari, 28, from SJKT Keruh in Pengkalan Hulu, said both courts were considered as having equal jurisdiction.

"However, it is considered persuasive due to both cases having more or less similar facts.

"If there is a different decision, the court must have good and absolutely crystal reasons," the Ipoh Barat MP said.

Uma is being charged under the Official Secrets Act 1972 (OSA) for being in possession of several pages of the Science paper in her Samsung Ace smartphone.

Her trial began yesterday and is being presided by judge Johari Hassan.

Uma and her colleague, K. Anparasu, 50, were charged in November last year, under Section 8(1)(c)(iii) of the OSA, which provides a jail term of between one and seven years.

Anparasu was slapped with three charges – being in possession of several pages of the Mathematics 1 and 2 and Science papers in his Samsung Trend smartphone.

They allegedly committed the offence between September 9 and 10 during the leak of several UPSR question papers. Both pleaded not guilty and their trials are ongoing.

Kula Segaran, however, said the prosecution must answer to the public on the reasons for not having a joint trial of all the cases linked to the UPSR leak.

"Why are they having separate trials and calling the same witnesses in the different cases?"

He said it was too much pressure on the witnesses to give the same evidence in the witness box numerous times, such as Malaysian Examination Syndicate director, Dr Na’imah Ishak, who has been required to give evidence a total five times; twice in Seremban, twice in Kuala Kangsar and once in Kemaman.

On April 16, the Seremban Sessions Court freed Subbarau Kamalanathan and Murugan Palanisamy without calling for their defence.

Judge Datuk Jagjit Singh said the prosecution had failed to establish a prima facie case, noting that the investigating officer was still trying to ascertain who had caused the leak.

In freeing the two teachers without their defence being called, Jagjit said the failure to call Education Minister Tan Sri Muhyiddin Yassin as a witness resulted in a serious flaw in the prosecution's case.

Kula Segaran said in the Seremban case, the prosecution did not offer Muhyiddin as a witness despite the latter's official rubber stamp signature being used in a certificate to authorise the MES director, Na'imah, to classify documents as a secret or otherwise.

"Under Section 2b of the OSA, the minister must give the certificate of authorisation under his hand. It must be his own signature.

"We will know at the end of the prosecution's case (if Muhyiddin is called). Now we are only 30% through," Kula Segaran said today.

Deputy public prosecutor Yusaini Amer said at the moment, there were no plans to call Muhyiddin, who is also the deputy prime minister, as a witness in Uma's case, however, it would also depend on the course of the trial proceedings.

The UPSR examination was held between September 9 and 11, but due to the leaks, pupils were told to resit the Science, English, Mathematics and Tamil Language papers.

On September 30, pupils sat again for the Science and the English language papers and on October 9, retook the Mathematics and Tamil language papers.

The leaks affected 473,175 pupils from 8,384 schools nationwide.

The examinations syndicate is entrusted to prepare and print question papers for all public examinations and these documents are classified under the Official Secrets Act before the examinations start. – April 20, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/acquittal-of-teachers-in-upsr-leak-not-binding-on-similar-trials-says-lawye#sthash.JQHUEtWV.dpuf