OVERKILL: Alvin, Vivian may get up to 15 YEARS JAIL as Muslim hardliners gain upperhand

KUALA LUMPUR - Sex bloggers Alvin Tan and Vivian Lee were not only unable to escape being charged under the dreaded Sedition Act but it looks like Prime Minister Najib's government was "so confused" they decided to charge the duo under 3 separate laws.

The overkill may however be counter-productive as suspicion is already running high that the duo - while in the wrong - were being exploited and victims of a high-stakes power-play at Umno, Najib's political party.

An MP from the Islamist PAS had a day ago warned against hypocrisy.

"Yes, Muslims get very upset and angry when the non-Muslims insult Islam. But strangely, when Muslims insult other religions, everybody is quiet and no one speaks up," Dr Siti Mariah Mahmud, the MP for Kota Raja, had told a press conference at the Parliament lobby a day ago.

Overkill: Pawns in Umno's high-stakes power-play?

Alvin and Vivian had been expected to be charged under the Communications & Multimedia Act at the Kuala Lumpur Sessions Court at Jalan Duta on Thursday afternoon, sources close to the duo had told Malaysia Chronicle. 

"I know the minister has said there are 3 laws under which they can be charged but there is also the burden of proof. That's not so easy because these two have insulted and offended a lot of people but that may not be criminal. Basically there are only two laws to use - the Communications and Multimedia Act or the Sedition Act," said one of the sources.

However, it appears there has been some late-minute change in plans.

The duo were denied bail and remanded to prison after they were charged under three laws for their controversial Ramadan greeting posted on Facebook and for uploading sex video clips on the web last year. They were charged under the Sedition Act, the Film Censorship Act and the Penal Code at the Kuala Lumpur Sessions Court.

They face a maximum jail sentence of 15 years each, with fines, if convicted of the three charges.

"I think the AG will go for maximum sentence. This is clear overkill," MP for Batu Tian Chua told Malaysia Chronicle.

Someone exploiting the issue?

Alvin, 25, and Vivian, 24, had posted on Facebook a Ramadan greeting showing a photo of themselves eating what is believed to be 'bak-kut-teh', a herbal soup usually made with pork and which is a Chinese delicacy.

Pork is taboo to Muslims and the greeting, which the couple had said was meant as a joke and not to offend, create a huge uproar. Despite their apology, calls rang from irate Muslims to have the duo jailed.

However, some critics have accused extreme groups such as Perkasa and Jati as well as hardline members of Prime Minister Najib Razak's Umno party of exploiting the issue and fanning the flames.

Ill-judged and insensitive their greeting is, the couple's action also comes smack in the middle of a heated political debate on Najib's government should retain the Sedition Act and introduce replacement laws for the repealed the Emergency Ordinance and Internal Security Act.

Comments from the Inspector-General of Police Khalid Bakar that a case involving a 21-year-old Chinese man who was abducted while having drinks with his girlfriend also raised eyebrows, casting doubt once again on Khalid's neutrality and professionalism as a police officer.

Khalid had linked the abduction to the Alvin and Vivian incident.

"We believe that the victim may have made a comment that hurt the feelings of a particular race or religious group. In light of the current heated environment caused by the controversial Facebook posting by bloggers Alvin Tan and Vivian Lee, the victim faced an unfortunate consequence" Khalid was reported as saying in the press.

"We also believe this is linked to Alvin Tan and Vivian Lee's postings, in which the victim had responded to with comments. It aroused anger and the group carried out the attack on the victim. We are on the lookout for the rest of the attackers."

Abducted for money by glue-sniffing group

But the victim, Ng Mun Tatt, has since made public his account of the story. Ng, a cybercafe cashier, said his abduction had nothing to do with religion or insulting Islam. He said the words ‘Saya hina Islam’ or 'I insulted Islam’ written on his upper body by his abductors were a ruse to confuse those who may have wanted to help him escape from them.

He was abducted and beaten for ransom, and the abductors called his brother-in-law to demand RM5,000 in ransom. The amount was eventually reduced to RM3,000 and banked into Ng's account.

However, when the abductors tried to retrieve the money, Ng could not recall his ATM password and this earned him another round of beating. They then took him to an oil palm estate where they tried to make him sniff glue. He pretended to comply and managed to escape when his abductors sniffed glue and got themselves high.

Was Khalid scare-mongering and for whom?

Khalid, known for his political inclinations and accused of subservience to top Umno leaders, has yet to explain his remarks.

Based on Ng's account, Khalid's words would be untrue and unfair to Alvin and Vivian as they prepare to defend themselves in court.

Speculation is also swirling that Khalid was again trying to please his political bosses and scare-mongering by implying that Alvin and Vivian had sparked off a chain of race-hate attacks.

As it is, depending on the charges, the duo stand to face between 2 to 4 years in jail if found guilty.

The duo first became notorious in Malaysia and neighboring Singapore after releasing an explicit sex video of themselves last year.They have already withdrawn the controversial Ramadan greeting from Facebook and issued an apology.

"We are asking forgiveness from all Malaysiansfor this incident during the fasting month which is holy to the Muslims. We did it as a joke. We had no intention to trivialize or to insult Islam or to incite racial conflict for that matter. We truly regret and apologize to all parties affected," Alvin and Vivian said in a joint video put up after coming under heavy public fire for their insensitive greeting.