Tuesday, April 12, 2016

Call upon the AG to withdraw the appeal to High Court from Seremban Session court to save time and money

Press Statement by M. Kula Segaran, MP for Ipoh Barat and DAP National Vice Chairman in Seremban on 12 th April 2016


Call upon the AG to withdraw the appeal to High Court from Seremban Session court to save time and money
Subbarau Kamalanathan, 37, is a graduate teacher from Seremban. He was charged under the Official Secrets Act (OSA) for being in possession of UPSR examination questions for the year 2014. He was charged for 5 offences and if found guilty for each charge, he could be sentenced for a minimum of one year to a maximum of 7 years.

After hearing the prosecution case, he was acquitted on 16thApril 2015. From this decision of the Sessions Court Judge Dato Jagjit Singh, it has been appealed to the High Court of Seremban.

One Uma a teacher was similarly charged for UPSR leakage of questions under the OSA in Kuala Kangsar (KK) Sessions Court. The witnesses were the same in both cases. But in KK court, two principal witness testimonies contradicted from what they had testified in Seremban.

Malaysian Examination Certificate Director Dr Na'imah said that she classified the UPSR papers as 'secret' with her signature. But later she had signatured it again as some UPSR questions were amended. Thus due to the amendments, she had to re-sign. But while giving evidence in KK court, she said the re-signing was not for amendments but was for the re sitting of the UPSR papers which had leaked. She said she only realised it after April 2015 and after refreshing her memory.

As regards the Investigating officer ASP Irwan, he said he could not remember if he had said the re-signs were for amendments. But when shown the Seremban Court notes of evidence, he said he could not remember. But he asserted it was not for amendments of the questions but for the re sitting of the leakage UPSR exams papers.

Both witnesses’ statements strongly contradicted from their earlier statements. Thus
an application has been filed for leave (permission) to use the evidence given by two principal witnesses in KK Court in the appeal in Seremban High Court.

The testimonies of KK court will show the inconsistency and goes to the credibility of the witness.

The High Court Yang Ariff Datin Mariam binti Hj Othman today decided:

1) To allow our application. With this new set of evidence the court should have a clearer picture of the character and credibility of the witness.

Further although the accused was acquitted last April (2015) yet to date the government teacher accused is yet to be reinstated to his former job. He is on half pay since last year and he has suffered enough.

In view of the decision by the Judge in public interest I urge DPP Nik Azhan (Head of prosecution ) Negeri Sembilan to consider withdrawing their appeal of acquittal. Much time and public money will be saved in the process as the charges are very technical in nature.

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