Teachers charged over UPSR leak freed without defence called

Two teachers have been acquitted for unauthorised possession of copies of last year's primary school achievement test (UPSR) examination papers. – The Malaysian Insider file pic, April 16, 2015.

Two Tamil school teachers were acquitted without their defence called for unauthorised possession of copies of last year's primary school achievement test (UPSR) examination papers.

Sessions judge Datuk Jagjit Singh in freeing Subbarau Kamalanathan and Murugan Palanisamy said having examined all the evidence, the court found that the prosecution had failed to establish a prima facie case against the two.

"The accused have not committed any offence. Just like the missing MH370 (plane), the investigating officer in this case is still trying to ascertain who caused the leakage. So this remains unresolved.

"It is important that the actual culprit be identified and taken to task to avoid future examination leakages," said the judge who delivered his verdict in a packed court room.

Jagjit also said the failure to call Deputy Prime Minister and Education Minister Tan Sri Muhyiddin Yassin as a witness resulted in a serious flaw in the prosecution's case.

Subbarau , 34, who was represented by M. Kula Segaran, was slapped with five charges involving Mathematics Papers (I and II), Tamil Language Paper for Comprehension, and Tamil Language Papers, Writing and Science.

He allegedly committed the offences via a Samsung Galaxy Note 2 smartphone.

Murugan, 36, represented by Haresh Mahadevan, Ramzaini Idris, was accused of unauthorised possession of Mathematics, Paper I, via a Lenovo smartphone.

Both allegedly committed the offences between September 8 and 16 when the examination was in progress.

They were charged under the Official Secrets Act (OSA) 1972, which carries the penalty of a jail term of between one and seven years.

At the height of the police investigations, eight people were arrested nationwide under the OSA in connection with the leak of the UPSR examination papers.

Muhyiddin and Education Minister II Datuk Seri Idris Jusoh had also issued public apologies over the leaks.

Muhyiddin then ordered the immediate suspension of Malaysian Examinations Syndicate director Dr Na'imah Ishak and her deputy (operations) Dr Wan Ilias Wan Salleh.

"The top officials have to take responsibility for this leak which has tarnished the image and reputation of the ministry," he said.

The leaks forced 473,175 pupils from 8,384 schools nationwide to resit their Science and English papers on September 30.

Another two Tamil school teachers in Kuala Kangsar, Perak and an engineer in Kemaman, Terengganu are facing similar charges.

A 13-year-old schoolboy, Ananda Krishan Menon, had also filed a civil suit against the Malaysian Examinations Syndicate and the government following the leaks but it was struck out by the High Court for not being sustainable.

Meanwhile, Kula Segaran, who is also Ipoh Barat MP, said the Education Ministry should conduct an inquiry for possible actions against the Malaysian Examinations Syndicate officials in view of the rattling evidence in court.

"Can we expect changes and improvements in the system? Or will these be treated as trivial matters which will be swept under the carpet?" he said.

- TMI