Lawyer Haresh Mahadevan, who is appearing for P Murugan, said the government wants his client to enter defence on the charge.
“We will defend the findings of the trial court and the High Court which upheld the acquittal without defence being called,” he told FMT.
On Sept 30, Justice Kamaludin Md Said ruled that the decision made by the Sessions Court on April 16, 2015, in acquitting Murugan, 38, was a correct finding based on law and facts.
Murugan, of Sekolah Jenis Kebangsaan Tamil Ladang Lenggeng, Nilai, was charged with possession of Mathematics 015/1 question paper in a smartphone between Sept 8 and 17, 2014, at a house in Taman Sri Mawar, Mantin, Negeri Sembilan.
The charge, under the Official Secrets Act 1972, provides for a jail term of not less than one year and not exceeding seven years, upon conviction.
Last week, the Court of Appeal ordered another primary school teacher, Subbarau Kamalanathan, to enter defence to answer five charges of having classified UPSR exam papers in his mobile phone.
In a majority ruling, bench chairman Mohtarudin Baki said the then Malaysian Examinations Board director Naimah Ishak was authorised to classify the examination papers under the OSA.
Concurring with him was Justice Vernon Ong Lam Kiat while Justice Harminder Singh Dhaliwal was of the opinion that failure to classify each and every examination paper was fatal for the prosecution’s case.
On Sept 6, High Court judge Siti Mariam Othman had thrown out the government’s appeal against Subbarau.
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 via a Samsung Galaxy Note 2 smartphone.
UPSR examination paper leaks forced 473,175 pupils from 8,384 schools nationwide to resit their Science and English papers on Sept 30.