SEREMBAN: The High Court here yesterday fixed Feb 20 for a former primary school teacher L. Subbarau @ Kamalanathan (pix) to furnish the court with additional submissions pertaining to his claims that his right has been denied following a change in presiding judge.
Judicial Commissioner Datuk Muhammad Jamil Hussin said under Section 261 of the Criminal Procedure Code, when there a change in presiding judge, the accused had the right to recall the witnesses.
“In the event of prejudice against the accused, it may be ordered in court (for) retrial.
“This court is of opinion that the failure of the Sessions Court judge to allow the defence’s application to recall the witnesses, namely the complainant and the investigating officer, may have been prejudicial to him,” he said.
Subbarau was found guilty by the Sessions Court here in February last year, for being in possession of images of leaked 2014 UPSR exam papers.
He was charged with five counts of unauthorised possesion of classified Mathematics 035/1 and Mathematics 015/1; Tamil Language-Comprehension 036 and Tamil Language-Writing 037; and Science 081 papers via a smartphone.
Subbarau was allegedly to have committed the offences between Sept 8 and Sept 16, 2014, at a house in Jalan Bukit Galena 13, Taman Bukit Galena, Fasa 4, Seremban here.
The charge was framed under Section 8 (1) (c) (iii) of the Official Secrets Act 1972 which carries a jail term of between one and seven years, upon conviction.
Deputy public prosecutor Wan Shaharuddin Wan Ladin prosecuted while the accused was represented by lawyer Omar Kutty.
Meanwhile, when met outside the room, Omar said in the previous proceeding, the defence had applied to recall two witnesses, namely, Malaysian Examination Board director Dr Naimah Ishak and the investigating officer, after the first judge who presided over the case retired.
However, the Sessions Court judge rejected the application and continued the trial and sentenced Subbarau to five years’ jail, but allowed stay of execution pending his appeal in the High Court. — Bernama
