The High Court here today upheld a lower court’s decision in acquitting and discharging a teacher of a Tamil primary school in Nilai of unlawful possession of question papers for the 2014 Ujian Pencapaian Sekolah Rendah (UPSR) examination.
Judge Kamaludin Md Said ruled that the decision made by Sessions Court on April 16 last year in acquitting and discharging P. Murugan, 38, was based on evidence that was available.
He said the appeal was on the facts decided by the trial judge and the Appeal Court rarely disturbed a decision based on the finding of the facts in the trial court.
“Therefore, the High Court did not disturb (the facts in the trial case)and uphold the decision of the trial judge, hence the appeal by the prosecution is dismissed,” he said.
Murugan, of Sekolah Jenis Kebangsaan Tamil (SJKT) Ladang Lenggeng, Nilai, was charged with possession of Mathematics 015/1 question papers in a smartphone between Sept 8 and 17, 2014, at a house in Taman Sri Mawar, Mantin, near here.
The charge was made under Section 8(1)(c)(iii) of the Official Secrets Act 1972 which provides for a jail term of not less than one year and not exceeding seven years, upon conviction.
Deputy public prosecutor Nik Azhan Hakim Nik Mahmood prosecuted, while Murugan was represented by lawyers M. Haresh and Ramzani Idris.