Controversial couple Alvin Tan and Vivian Lee today pleaded not guilty at the Kuala Lumpur Sessions Court to three charges related to their action in posting their Ramadan bak kut teh greeting on their Facebook page and pornographic pictures in their blogs.
The charges against Alvin Tan or his full name, Tan Jye Yee, 25, and Vivian Lee or Lee May Ling, 24, were read before judge Murtazadi Amran.
In the first charge, they were jointly accused of making a seditious posting on 'Alvin and Vivian - Alvivi' Facebook by uploading a photo of themselves eating bak kut teh (a pork dish) with the greeting 'Selamat Berbuka Puasa with bak kut teh... fragrant, delicious and appetising’ together with the 'halal' logo.
They allegedly committed the offence at 10.48pm between July 11 and 12 at 568-14-18, Kompleks Mutiara Jalan Ipoh, Mile 3 1/2, Kuala Lumpur.
They were charged under subsection 4 (1) (c) of the Sedition Act 1948 which is punishable under subsection 4 (1) of the same Act and read together with Section 34 of the Code Penal.
For the first offence, they face a fine up to RM5,000, an imprisonment up to three years or both, and imprisonment up to five years for subsequent offence.
The charges against Alvin Tan or his full name, Tan Jye Yee, 25, and Vivian Lee or Lee May Ling, 24, were read before judge Murtazadi Amran.
In the first charge, they were jointly accused of making a seditious posting on 'Alvin and Vivian - Alvivi' Facebook by uploading a photo of themselves eating bak kut teh (a pork dish) with the greeting 'Selamat Berbuka Puasa with bak kut teh... fragrant, delicious and appetising’ together with the 'halal' logo.
They allegedly committed the offence at 10.48pm between July 11 and 12 at 568-14-18, Kompleks Mutiara Jalan Ipoh, Mile 3 1/2, Kuala Lumpur.
They were charged under subsection 4 (1) (c) of the Sedition Act 1948 which is punishable under subsection 4 (1) of the same Act and read together with Section 34 of the Code Penal.
For the first offence, they face a fine up to RM5,000, an imprisonment up to three years or both, and imprisonment up to five years for subsequent offence.
The couple were also denied bail. Tan will be held at the Sungai Buloh prison while Lee is to be housed at the Kajang Prison pending trial. The case will be up for mention on Aug 23.
In the second charge, Tan and Lee were accused of displaying pornographic pictures on http://alviviswingers.tumblr.com/ at the same place between 9pm and 2am between July 6 and 7.
They were charged under subsection 5 (1) of the Film Censorship Act 2002 which is punishable under subsection 5 (2) of the same Act which carries a fine of between RM10,000 and RM50,000 or imprisonment of up to five years or both, if convicted.
They were accused of uploading on their Facebook page the same picture and comment which were likely to cause religious enmity between people of different faiths.
The content was read at CAF - Syed Restaurant, Jalan Dang Wangi here at 10.48pm between July 11 and 12.
They were charged under Section 298A (1) (a) of the Penal Code which carries imprisonment of between two and five years, if convicted.
The couple looked unperturbed when the charges were read to them individually and they also responded individually by saying, "I asked to be tried".
Judge Murtazadi denied bail for both accused after taking public interest into account.
He said the court was not affected by external elements in deciding on the bail.
Earlier, deputy public prosecutor Noorin Badaruddin asked the court not to grant bail to the accused as the charges under Section 298A (1) (a) of the Penal Code and the Film Censorship Act were non-bailable offences.
"Of course, we accept the court discretion to allow bail on the two charges, but the prosecution objected to any bail granted until the trial is over," he said.
Noorin said secondly, both accused had a tendency to upload pictures that could arouse public outrage.
In the second charge, Tan and Lee were accused of displaying pornographic pictures on http://alviviswingers.tumblr.com/ at the same place between 9pm and 2am between July 6 and 7.
They were charged under subsection 5 (1) of the Film Censorship Act 2002 which is punishable under subsection 5 (2) of the same Act which carries a fine of between RM10,000 and RM50,000 or imprisonment of up to five years or both, if convicted.
They were accused of uploading on their Facebook page the same picture and comment which were likely to cause religious enmity between people of different faiths.
The content was read at CAF - Syed Restaurant, Jalan Dang Wangi here at 10.48pm between July 11 and 12.
They were charged under Section 298A (1) (a) of the Penal Code which carries imprisonment of between two and five years, if convicted.
The couple looked unperturbed when the charges were read to them individually and they also responded individually by saying, "I asked to be tried".
Judge Murtazadi denied bail for both accused after taking public interest into account.
He said the court was not affected by external elements in deciding on the bail.
Earlier, deputy public prosecutor Noorin Badaruddin asked the court not to grant bail to the accused as the charges under Section 298A (1) (a) of the Penal Code and the Film Censorship Act were non-bailable offences.
"Of course, we accept the court discretion to allow bail on the two charges, but the prosecution objected to any bail granted until the trial is over," he said.
Noorin said secondly, both accused had a tendency to upload pictures that could arouse public outrage.
[More to follow]
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