Sex bloggers Alvivi to go on trial after High Court denies stay bid
BY QISHIN TARIQ
Sex blogger couple Alvin Tan and Vivian Lee
KUALA LUMPUR: Sex blogger couple Alvivi will face trial over their Ramadan prank after the High Court here Friday denied their stay application against the proceedings in the lower court.
Justice Kamardin Hashim dismissed Alvin Tan Jye Yee and Vivian Lee May Ling's application, ruling that the duo had failed to give adequate reason for the High Court to halt the case.
The judge agreed with the prosecution's argument that allowing the case to continue would not cause irreparable prejudice.
"The burden is on the applicants (Tan and Lee) to give grounds for a stay of proceedings. However, the court finds the reasons given to be inadequate and baseless," he said.
The trial will continue at the Session Court here on Jan 8 next year.
Tan, 25, and Lee, 24, had applied for the stay pending the disposal of their appeal to the Court of Appeal to have one of their charges dismissed on the grounds of being unconstitutional.
However, deputy public prosecutor Wan Shaharuddin Wan Ladin argued the fact a notice of appeal filed was not reason enough to postpone the trial.
"This application was only made to delay the criminal trial," said Wan Shaharuddin in his preliminary objection.
He added that their appeal over the constitutionality of the charge under Section 298A(1) of the Penal Code for stirring hostility between religions was not a complicated matter.
On Nov 21, the same High Court had denied Tan and Lee's bid to strike out the charge of causing religious disharmony via a controversial Ramadan bak kut tehgreeting on Facebook.
The judge ruled there had been no merit in the application to strike out the charge under Section 298A(1), as it applied to people of all faiths and races.
Tan and Lee claimed trial on July 18, before Sessions Court Judge Murtazadi Amran to three charges under the Film Censorship Act, Sedition Act and Penal Code.
They were jointly charged with uploading content that has the possibility to stir hostility based on religion between those with different beliefs.
They were also accused of 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, and for displaying pornographic images on their blog.
The duo's postings last July 11 caused an uproar among Malaysians of all races for their insensitivity, following which they removed the posting and uploaded a new picture of them eating ketupat, rendang and curry puffs.
However, the Facebook page was later removed entirely.
 |
| TO ENJOY 15% DISCOUNT SIMPLY REGISTER NEW EMAIL & MAKE YOUR PURCHASE NOW |
