KOTA KINABALU: In the end, they got away with three days’ jail, a RM5,000 fine each and a deportation order – all for taking part in a “challenge” as to who can withstand Mount Kinabalu’s frigid temperature without clothes.
Having reached the summit on May 30, a British student, two Canadian siblings and a Dutchman were doing what tourists usually do until someone in the group posed the challenge.
For baring it all in a public area, Eleanor Hawkins, 24, of the United Kingdom, Dylan Snel, 23, and siblings Lindsey Peterson, 23, and Daniella, 22, were sentenced after a three-hour proceeding that began at 3.45pm yesterday.
They had earlier pleaded guilty in front of Sessions Court judge Dean Wayne Daly, who described their antics as “foolish” and one that had caused public uproar.
“The people, especially the native community, are annoyed,” said Daly, who added that he had taken into account the guilty plea as a mitigating factor.
He said that by surrendering (Snel and the Petersens), the accused had shown remorse, but a fine (in lieu of three months in jail) would not be sufficient. Hence, the three-day jail term from the date of arrest.
According to the facts of the case, tried under Section 294(a) of the Penal Code for committing an obscene act in a public place, the two men went completely nude, while the women went topless while on their way down.
In mitigation, their lawyer Ronnie Chiam said the four were ignorant about the culture and beliefs of the locals, as well as the mountain’s significance.
“As a gesture of regret and remorse, they are willing to extend a public apology to the people of Sabah and Malaysia,” he added.
Pressing for an appropriate sentence, Senior Federal Counsel Jamil Ariffin said while Malaysia welcomed visitors, “we expect them to respect our laws, cultures and sensitivities”.
The four, who were remanded since Wednesday, paid the fine and headed to the police station to pick up their belongings before leaving for the airport here to catch a flight to the KLInternational Airport.
Earlier, the four were brought to court handcuffed at 2.45pm under heavy police escort. The women were teary-eyed and looked worried while the men were glum.
Chiam later said the sentence was commensurate with the offence.
“It also fulfilled the hopes of their parents and their respective embassies,” he said.
In a statement, the British High Commission said it would remain in contact with Hawkins and would continue to provide consular assistance.
