Federal Court rules it has no jurisdiction to hear appeal against sex bloggers

Sex blogger Alvin Tan is in exile in the United States and today, the Federal Court says it cannot entertain the government's appeal to reinstate a charge against Tan. – Facebook pic, February 18, 2015.

The Federal Court today threw out the government's appeal to reinstate a charge under the Penal Code against fugitive sex blogger Alvin Tan and his former partner, Vivian Lee, for stirring hostility between religions.

A five-man bench led by Tan Sri Abdull Hamid Embong, who allowed a preliminary objection by lawyer Chong Joo Tian, said the apex court could not entertain the appeal because it did not have the jurisdiction to hear the case.

Chong, who represented the two, said Tan and Lee were first charged in the Sessions Court and it must end in the Court of Appeal which was the apex court.

Deputy public prosecutor Manoj Kurup, however, said the High Court exercised its original jurisdiction and as such the Federal Court had jurisdiction to hear the appeal. 

Only Lee was present in court as Tan skipped bail and fled to the United States to seek asylum last year. 

Tan and Lee were jointly charged over a controversial Hari Raya greeting involving the pork dish “bak kut teh” and pornographic pictures on their blog in July 2013.

They were charged under Section 298 of the Penal Code for stirring hostility between religions.

The Court of Appeal on April 21 last year struck out the charge against Tan and Lee on grounds that it was not applicable to non-Muslims.

Both appealed to have the charge struck out on the grounds the law was meant to ensure the smoothness of the practice of Islam among its followers, not those of other religions.

The duo claimed trial on July 18, 2013, to three charges under the Film Censorship Act, Sedition Act and Penal Code.

The two charges still standing are for allegedly publishing a photograph with the comment "Selamat Berbuka Puasa (dengan bak kut teh... wangi, enak, menyelerakan)" which contained a halal logo and possibly seditious statements on their Facebook page, and for displaying pornographic images on their blog.

The duo's postings on July 11, 2013, triggered furious reactions from Malaysians, after which they removed the posting and uploaded a new picture of them eating ketupat, rendang and curry puffs.

But the Facebook page was later removed.

Tan’s decision to seek asylum in the United States had drawn flak from Malaysian social media users, many of whom believed he should face up to his actions rather than flee the country.

Tan, 26, told The Malaysian Insider recently that leaving Malaysia was “the only rational action” as he was powerless to fight “tyranny and ignorance”.

He is also facing another probe under the Sedition Act for criticising the country's leaders on Facebook.

Meanwhile, Chong said the Sessions Court has fixed March 6 for case management before a trial date was fixed.

"However, I will be requesting the sessions judge to have the trial commence only after the Federal Court determined the constitutionality of the Sedition Act," he added.

The apex court has fixed March 24 to hear Universiti Malaya law professor Dr Azmi Sharom who has challenged the legality of the law.

- TMI