Monday, July 25, 2016

Unnecessary charges against teacher under the Official Secrets Act (OSA)

Media statement by M. Kula Segaran MP Ipoh Barat in Kuala Kangsar on 25th July 2016

Unnecessary charges against teacher under the Official Secrets Act (OSA)

Today the Kuala Kangsar Court gave its decision on ongoing case against teacher UMA MAGESWARI A/P PERIASAMY @ MAYANDY 28 YEARS OLD a teacher in a Tamil school charged under the Official Secrets Act.

She has been charged for being in possession in her hand phone the UPSR Science question paper of 2014.

Her defense is she did not ask for those questions/documents but was independently sent to her in her WhatsApp group.

Deputy Public prosecutor (DPP) Yusaili Amer prosecuted but the decision wa take by DPP Jayanthi.
Sessions Judge Johari Bin Hassan who has been transferred so new local Sessions Judge Niran Tan Kran delivered the decision today.

Lawyers representing the accused were M. Kula Segaran, Augustine Anthony and N. Selvam

This case started in late 2014 and finally today after nearly 20 months and over 20 days of court hearing with a total of 14 wittiness gave evidence for the Prosecution.

The court delivered its decision to day and the Judge said the following matters were not proved namely

1) Appointment of public officer to classify official documents as “secret” etc under Section 2B of the Official Secrets Act(OSA) the minister need to give a certificate under his hand. The court held the certificate dated 17/9/14 as produced in court was not signed personally by the then Minister Tan Sri Muhyiddin only a rubber stamp signature was affixed. This the judgew says does not satisfy the requirements of S2b of the Act. Thus the UPSR papers of 2014 are not official secret within the meaning of Section 2B of the OSA Act.
2) The evidence of Dr Na’inmah and Investigating officer ASP Irwan were most unsatisfactory. He said further the evidence was unreliable.
3) The ingredients of the charge were not proved to the satisfaction of the Court
Thus at the end of the prosecution case the court held there was no prima facie case established. Thus the accused was acquitted and discharged.

The whole process of charging the teachers for apparently leaking the 2014 UPSR exam question papers were most unsatisfactory. To date the real culprit who had originally leaked the question has not been charged let alone arrested. This culprit is walking free. How can this happen?

We hope teacher Uma will be reinstated immediately as soon as possible to her former school without any delay. Since she was charged
her teaching post has been left vacant and the school is short of a teacher.

This is the 3rd case where the teachers cases under the OSA has been thrown out. Two more cases are pending in the Courts.
It is hoped the prosecution will not appeal this decision as Uma has suffered enough agony.

Tuesday, July 19, 2016

Urge AG should drop all plans to appeal to the High Court

Media statement by M. Kula Segaran MP Ipoh Barat and DAP National Vice Chairman in Ipoh on 19th July 2016

Urge AG should drop all plans to appeal to the High Court ---------------------------------------------------------------------------

Loh Kar Yee aged 17 years then, who just left the secondary school, was working for part time as a clerk in a bookshop store located in Jalan Pasir Puteh, Ipoh.

On the 29th November 2013, police ambushed into the her working place and arrested her together with the employer (Tang Chung Keat) on the grounds that they were exploiting a labour with force which falls under Section 13 of the Anti- Trafficking in Persons Act 2007.

Her case was first heard on 6th August 2014 and the decision was delivered today at the Ipoh Sessions Court . After 17 days of Hearing of the case, the court freed both the accused after the close of the prosecution case. The court said there was no case against the accuseds.

We (M. Kulasegaran and Selvam Nadarajah) have acted for Loh Kar Yee on a Pro Bono (free of charge) as she is a daughter of a poor vegetable seller in the Buntong Market, Ipoh.

Loh Kar Yee at this age (21 years old) had due to this case gone through a lot of pain and suffering in her life, which made her unable to continue with her higher education. We wrote to the AG, asking for her charge to be brought some 2 years ago. However, the application was refused. Due to this charge brought against her, she could not pursue with her studies. At all material she claimed innocence to the charges.

The future of this young lady have been destroyed due to the unwarranted and unfair charge being brought against her.

If found guilty she faces a minimum sentence of 3 years maximum 20 years.

We are also asking the AG not to appeal this matter to the High court and the charge against Loh Kar Yee and Tang Chung Keat should be dropped.