May 9 decision on prosecution's appeal against teacher in UPSR papers leak charge

PUTRAJAYA: The Court of Appeal will decide on May 9 on an appeal brought by the prosecution against the acquittal of a Tamil school teacher in regard to leaked UPSR examination papers.
The panel of judges led by Datuk Wira Mohtarudin Baki, who sat together with Datuk Vernon Ong Lam Kiat and Datuk Harmindar Singh set the date, after hearing submissions from both parties.
"This case is quite important. Certain points require for us to go further in detail," said the judge.
L.Subarao was charged under section 8(1) of the Official Secrets Act (OSA) 1972 , for possession of images of leaked UPSR examination papers 2014.
He was charged with five counts of possessing Mathematics Paper 1 and Paper 2, Bahasa Tamil ( Comprehensive ), Bahasa Tamil ( writing) and Science, which was allegedly in his handphone.
A sessions court in Seremban acquitted Subarao, at the end of prosecution's case in April 2015.
Later, an appeal against the discharge and acquittal was dismissed in the High Court on Sept 5, 2016.
The prosecution had appealed against the High Court decision, at the Court of Appeal.
Earlier, Senior Federal Counsel Awang Armadajaya said Dr. Naimah Ishak, (former) director of Examination Board is empowered to classify documents under OSA.
He said the issue is whether the director is entitled to classify the documents (exam papers) under OSA.
He added section 16A of the Official Secrets Act states that "a certificate by a public officer to be conclusive evidence".
It states that a certificate by a minister or a public officer charged with any responsibility in respect of a ministry, department or any public service, certifying to a document that it is an official document, shall be conclusive evidence and shall not be questioned in any court on any grounds.
(The certificate is an appointment letter, which allows a person to classify document).
He said Naimah has the certificate from the Minister to classify the documents (exam papers) as OSA. He asked the court to call Subarao to enter defence, at the sessions court.
Subarao's lawyer M.Kulasegaran said the director has no authority to classify the documents as under OSA.
He said there was a stamp and not signature of a minister in the certificate.
He added only when the document is classified as "OSA", then it is an offence.
He said Subarao was charged under another law but it was withdrawn and charged under OSA.
He said if the documents were under OSA, then they would have charged him under OSA, straightaway.