Lawyer M Kulasegaran said the review application was filed yesterday to ask another Court of Appeal bench to use its inherent jurisdiction to set aside the order.
“We also want the Court of Appeal to affirm the findings of acquittal by two lower courts in Seremban,” he said.
The Sessions Court last year acquitted Subbarau Kamalanathan for having the 2014 classified primary school achievement test (UPSR) public examination papers.
The High Court also affirmed that decision last year.
However, in May, the Court of Appeal in a 2-1 majority ruling ordered Subbarau to enter defence on grounds that the prosecution had established a prima facie case.
Kulasegaran said although the majority ruling, the subject of the review, had been made available, the minority judgment was not yet ready.
Subbarau was slapped with five charges involving Mathematics Papers 1 and 2, Bahasa Tamil (comprehension), Bahasa Tamil (writing) and Science.
He allegedly committed the offences between Sept 8 and 16, 2014, when the examination was in progress.
If convicted under the Official Secrets Act (OSA) 1972, he risks a jail term of between one and seven years.
Meanwhile, Kulasegaran said the Sessions Court in Seremban had tentatively fixed six days from Oct 6 to ask Subbarau to enter defence.
He said government lawyers had argued that the proceedings should go on today despite being informed about the review application.
“We are puzzled as to the hurried manner in which the prosecution wants to proceed with the trial. Justice is not only for the state but also for the accused,” he said.