Judge Kamaludin Md Said held that the prosecution failed to prove the ingredient of the charge against P Murugan.

“I am in agreement with the Sessions Court judge that the evidence during trial was based on facts and the prosecution could not even establish a prima facie case ,” he said in his oral ruling.

On April 16 last year, the now retired Sessions Judge Jagjit Singh acquitted Murugan and another teacher K Subbarau for unauthorised possession of copies of the 2014 UPSR examination papers.

On Sept 5 this year, High Court judge Siti Mariam Othman also threw out the government’s appeal against Subbarau.

However, it has filed an appeal to the Court of Appeal.

Subbarau, 35, was slapped with five charges involving the Mathematics Papers (I and II), Tamil Language Paper for Comprehension, and Tamil Language Papers, Writing and Science.

He allegedly committed the offences via a Samsung Galaxy Note 2 smartphone.

Murugan, 37, represented by Haresh Mahadevan and Ramzani Idris, was accused of unauthorised possession of Mathematics, Paper I, via a Lenovo smartphone.

Both allegedly committed the offences between Sept 8 and 16, 2014 when the examination was in progress.

They were charged under the Official Secrets Act (OSA) 1972, which carries a penalty of a jail term of between one and seven years.

Deputy Public Prosecutor Nik Azhan Hakim Nik Mahmood represented the prosecution.

The leaks forced 473,175 pupils from 8,384 schools nationwide to resit their Science and English papers on Sept 30, 2014.