Gross indecency in Malaysia

 

“There’s no denying that what they did was immoral. However, they never hurt anyone. Now, they are the biggest victims.”

- Tebrau MP and lawyer Jimmy Puah

While I appreciate MP and lawyer Jimmy Puah bucking the trend and helping out this couple who are being harassed by the state, I have to say, why is there “no denying what they did was immoral”?

Would it still be immoral if they were not filmed? Or is it “immoral” because they were not married?

Have you noticed that gross indecency laws only apply if people get caught? I mean if nobody records or snoops around young couples parked in public places because they have nowhere else to go for various reasons, there would not be any gross or public indecency.

There is only gross or public indecency because some folks like to peep or moral police citizens of this country. Honestly in other civilised countries, the “offenders” would be told to take it somewhere else, specifically someplace private.

Here were two consenting (legal definition) people in a car, who were filmed and allegedly harassed by unknown individuals who later gave access to the illegally filmed content to other parties, which then became online fodder for hypocritical cretins who demanded the state intervene.

Three years ago as reported in the press, two cops were charged with not only extorting money from a young couple but also forcing the couple to engage in a sex act and filming them.

From reportage, Kelantan police chief DCP Shafien Mamat said: “In the 10.45pm incident, the two policemen were carrying out patrol duty when they came across the couple, who are in their 20s, in a car by the roadside.

“The policemen are said to have punched one of the victims and extorted RM1,250 from them.

“The woman also alleged that she was forced to perform oral sex as well as molested by one of the policemen while her fiance was withdrawing money from the ATM. We have detained both the policemen and they have been remanded for a week for further investigation.

“Based on the police report lodged by the victim, we will take into account the victim’s allegations and carry out a thorough investigation. If it’s true the personnel are involved, we will take appropriate action.”

My question is, why hasn’t the state security apparatus got a dedicated squad that patrols the online world for Malaysians filming themselves having sex, or cretins filming consenting adults having sex?

Why hasn’t the state security apparatus cracked down on the hundreds if not thousands of locally made videos, some in the privacy of their bedrooms (which they filmed) or in the great Malaysians outdoors which are available online?

Sex videos are only a big deal when it comes to the average Joe Rakyat. When it comes to political operatives it means bupkis.

Sheer unmitigated hypocrisy

Remember when the alleged Azmin Ali sex videos were a hot topic and the PDRM could not confirm the participants?

This is what Tommy Thomas said: "This independent report confirmed Cyber Security’s findings, amongst others, that 'the inability to identify individuals in the viral videos is primarily due to the low resolution and quality of the viral videos and the relatively few number of video frames in which the suspect is clearly visible'."

I doubt anyone sent the video of this couple for strenuous tests to verify their identities. But of course, the state had no problem jumping in and parading the “suspects” as if this was a major crime.

Indeed every single day, such videos are passed around social media platforms and hundreds of couples are filming themselves or are being secretly filmed by others. So when these two young people are treated like public enemy number one, all you can do is laugh at the sheer unmitigated hypocrisy of the state security apparatus, not to mention the political apparatus.

And look, it is not as if the state security apparatus does not know how to party down, right? Remember when Bukit Aman busted a group of cops who turned a police station in Kajang into a karaoke joint? These cops were partying so hard they did not hear the boys from Bukit Aman knocking on their door.

From reportage - Among others, the team seized a liquor bottle, five bottles of ketum, lighting and audio equipment as well as lewd photographs depicting one of the policemen with a woman who was among those detained.

As for those photographs, was anyone charged with gross indecency? As reported in the press, Bukit Aman Standards Compliance Integrity Department director Azri Ahmad confirmed the incident.

“The action of the officer, personnel and others involved violates the Covid-19 standard operating procedure.

“We will not compromise with any quarters who violate the rules,” he said, adding that the matter is being investigated under Section 269 of the Penal Code.

As for those bottles of ketum, keep in mind that the PDRM in the past couple of years have been investigating their own, when it comes to processing and selling ketum juice. And this happens in police barracks.

And this is apparently worrying for the top brass of the state security apparatus as then director of Bukit Aman Integrity and Standard Compliance Department Zamri Yahya told the press - “This is very worrying because the involvement of police personnel in the activity has never happened and has never been detected before.

“In the past, there were reports of ketum intake among personnel but now it has shifted to selling and processing activities, with them also hiring others for around RM80 a day to sell it.”

This is the problem with moral policing. Not only does it infringe upon the rights of citizens it also leads to all manner of more serious crimes being carried out while guarding the “morality” of the citizens of a country.

If this is indeed about “morality” I humbly submit that it is the political, security and judicial apparatuses which should be subjected to the most intense scrutiny. Not a young couple in a car.

If anything, it is these institutions where gross indecency is perpetrated and perpetuated nearly every single day. - Mkini

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S THAYAPARAN is Commander (Rtd) of the Royal Malaysian Navy. Fīat jūstitia ruat cælum - “Let justice be done though the heavens fall.”

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.