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Wednesday, December 3, 2025

Senior civil servant forced to resign after being nabbed in men only spa raid: Is this fair or even legal?

 

BEING caught in a towel in a male-only recreational facility will now land a person in deep trouble, especially if one is employed in the public service.

Not only that but the power-that-be is contemplating amending existing laws to avoid a repetition of remand orders for those detained in the raid on now infamous Otot Otot spa in Jalan Raja Laut on Nov 28 be dismissed by the Kuala Lumpur Magistrate’s Court.

In case anyone has been living in a cave the last week or so, hogging the headlines has been a sensationalised police raid on premises “suspected of immoral activities”.

In other words, it was a hangout for gay men which let’s be clear, is not an offence in itself. Hanging out, that is. However, engaging in gay s*x is.

Editor’s Note: Section 377A of the Penal Code criminalises “carnal intercourse against the order of nature” (anal or oral s*x) for which the punishment is up to 20 years in prison and mandatory whipping.

Every Malaysian state has its own Shariah criminal enactments which criminalise specific same-sex intimacy acts such as liwat (sodomy or anal s*x) and musahaqah (female-female intimacy), often punishable by fines, up to three years imprisonment or up to six strokes of caning.

However, without resorting to the law, the authorities seem to be applying maximum pressure to shame those detained. A list featuring detainees in public service as well as those identified as Muslim was released in double quick time.

Information overload

The list counted 105 Muslim detainees, including 16 who held civil service positions such as medical professionals, teachers as well as an administrative diplomatic officer attached to the Higher Education Ministry.

A bit too much detail being revealed?

As reported in the Malay Mail, an administrative and diplomatic officer in the office of the Deputy Higher Education Minister has been instructed to resign immediately after being arrested, the ministry confirmed.

Deputy Higher Education Minister Datuk Mustapha Sakmud said the officer’s arrest which had been reported in the media had prompted the ministry’s integrity unit to launch an internal review to determine any disciplinary measures under civil service regulations.

Now, let that sink in for a moment.

This man who has NOT been formally charged with ANY crime, Shariah or otherwise, has been forced to quit his job or face even more public censure, shame and opprobrium.

What choice does the civil servant have except to bow to such intense pressure? Regardless of one’s stance on gay relationships, surely it is too much to force a person to abandon a public service career for unsubstantiated acts purportedly committed behind closed doors.

Editor’s Note: On a positive note, human rights activist and lawyer Siti Kasim has extended a helping hand to those who are suspended or sacked following the all-male spa raid by urging them to reach out to her sitikasim@gmail.com.

In other words, there is no proof of any crime save for being caught in a towel in a supposed den of ill-repute.

Now, Home Minister Datuk Seri Saifuddin Nasution Ismail has indicated the government is mulling a change in the law.

This is considering that shortcomings in current legal provisions have hampered law enforcement when dealing with complex, large-scale operations such as raid on the premises of Otot Otot.

He further lamented that the authorities have faced difficulties in prosecuting suspects under offences related to immoral or “social-crime” behaviour because the law requires a victim – something which is absent this case.

Perhaps, clear guidelines on evidence gathering and what actually constitutes an offence in this case should be the priority here.

Certainly, it would be helpful to all – including the coppers – to be able to arrest these men based on something more concrete than hearsay and being in the company of other towel-clad men.

But given that many citizens are simply adverse to the LGBTQ+ lifestyle, issues about procedural correctness as well as moral policing based on rumour and conjecture will continue to be ignored or swept under the carpet.

This is looking like another nail in the coffin for civil liberties. –  Focus Malaysia

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