SEREMBAN: The Sessions Court here has sentenced a primary school teacher to five years’ jail after he was found guilty of keeping images of leaked Ujian Pencapaian Sekolah Rendah (UPSR) exam papers in his mobile phone.
Judge Suresh Gopalan said the prosecution had proven their case beyond reasonable doubt to convict L Subbarau @ Kamalanathan on five counts under the Official Secrets Act (OSA) 1972, which carries a jail term of between one and seven years.
The five-year jail term on each count is to run concurrently.
Subbarau’s lawyer, M Kulasegaran, said an appeal would be filed in the High Court within 14-days.
“We also feel the jail term was too harsh for a technical offence,” Kulasegaran said.
The court allowed Subbarau a bail of RM3,000 pending the outcome of his appeal in the High Court, but ordered for his passport to be impounded.
The charges against Subbarau had to do with images of leaked papers involving five subjects: Mathematics 1, Mathematics 2, Bahasa Tamil (comprehension), Bahasa Tamil (writing) and Science.
He allegedly committed the offences between Sept 8 and 16, 2014, when the primary Year 6 examination was in progress.
In 2015, Subbarau was acquitted by the Sessions Court, and the decision was upheld later by the High Court.
But on May 25 last year, 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.