UPDATED WITH VIDEOS KUALA LUMPUR -The Kuala Lumpur High Court has granted bail for Alvin Tan and Vivian Lee but impounded their passports and ordered them to report to the police station on the first of every month pending the conclusion of their trial.
Nonetheless, the duo can go home as soon as the bail is settled by the families, said their lawyer Chong Joo Tian.
Bail was set at RM10,000 for each of the 3 charges slapped on them. This means Alvin and Vivian will have to come up with RM30,000 each.
Another condition of bail was that the duo, while allowed access to the Internet, cannot post or upload onto any website or the social media networks comments that are disparaging to Islam.
Deal with the law, not please the politicians
Chong had pleaded with the Court not to listen to "outside noises" and to be fair to his clients, whom he claimed had already shown remorse and were now being punished in a "vindictive and punitive" manner even before they were found guilty.
"The decision to deny bail bail was made to appease others who were not in the court," Chong, who is the lead defense counsel, told the court.
"When statements are made by certain politicians and certain members of the public, these can constitute outside pressure on the court to make decisions which should be based on judicial principls. What we have submitted to the court is that decisions related to bail must be made in accordance to established principles related to bail and not be influenced by the volume of noises made outside because a court cannot be influenced by noises made outside. Otherwise that would be a trial by public opinion," Chong said, when door-stopped by reporters after the trial.
During the hearing, Chong also told the court that Alvin had been placed under isolated detention for a week by the prison authorities.
"This is vindictive and punitive. Even before he is tried, he is being punished," said Chong.
Alvin's mother, who was in court listened intently, nodding her head at this.
Later, when she was chased by reporters for her reaction to the bail, she declined comment and scolded some of them for being "unethical" when they persisted and did indeed breach the unspoken line.
Objection by ambush!
The defense also succeeded in overcoming a preliminary objection put in by the prosecution at the 11th hour to oppose their application for bail for their clients.
They filed the two applications, namely for bail and then to have separate trials for the 3 charges slapped on the notorious bloggers who had offended the Muslim community with an outrageous Ramadan greeting.
However, while bail was granted, the charges remain bundled together.
When met by reporters outside the courtroom, the prosecution said they would "accept the Court's decision with grace".
Case mention is fixed for August 23, and a hearing date is likely to be set then.
Political overtones
Alvin, 25, and Vivian, 24, were jointly charged under Section 4(1)(c) of the Sedition Act, subsection 5(1) of the Film Censorship Act 2002 (Act 620) and Section 298A(1) of the Penal Code.
The clear "overkill" attracted anger from the non-Muslims and also drew ridicule from the international community as the duo had no previous record or brushes with the law and their action was not in anyway criminal.
Alvivi, as the duo are also known as, had posted on their Facebook page a photo of themselves eating bak kut teh (a herbal soup dish that is usually made with pork, but which can also be vegetarian or made with chicken or other meats) with the greeting Selamat Berbuka Puasa or Happy Breaking Fast.
They described their meal as “fragrant, delicious and appetising bak kut teh”, and also put at the corner of the photo a 'halal' or kosher logo.
It sparked an uproar in the Malay-Muslim community, and many believe it also set the stage for Muslim hardliners in Prime Minister Najib Razak's Umno party to stir up the issue.
MORE TO COME
Malaysia Chronicle
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