‘Bak kut teh’ Lee wins appeal – avoids jail
Wednesday, 11 Apr 2018
KUALA LUMPUR: The woman who joined a blogger in uploading a picture associating bak kut teh with buka puasa on social media five years ago has escaped her jail sentence.
Vivian Lee’s five-month and 22-day jail sentence was set aside and substituted with a RM5,000 fine in default six months’ jail by High Court judge Justice Mohd Sofian Abd Razak.
Lee was with her then boyfriend, blogger Alvin Tan, when they uploaded the controversial picture on the breaking of Ramadan fast.
Yesterday, her appeal was allowed by the High Court.
Justice Mohd Sofian advised Lee not to post anything sensitive on social media in future and if she is found posting it again, the sentence will be serious.
“I have looked at previous sedition cases and I am of the view justice will prevail if she is fined RM5,000 in lieu of imprisonment,” he said in dismissing the prosecution’s cross-appeal against the sentence.
On Lee’s appeal, Justice Mohd Sofian said he was of the view that the Sessions Court had correctly referred to the section which the appellant was judged.
He said the judge had arrived at the correct decision and found the appellant guilty under Section 4(1)(c) of the Sedition Act 1948.
Lee, 27, was charged with uploading a photo captioned, “Selamat Berbuka Puasa” with “fragrant, delicious and appetising” bak kut teh on Facebook at 9am on July 13, 2013. There was also a halal logo in the picture.
She was charged under Section 4(1)(c) of the Sedition Act which provides for a fine of RM5,000, three months’ jail or both, if found guilty.
Tan, who was jointly charged with Lee, has since absconded.
Met later, DPP Wan Shaharuddin Wan Ladin said the court should consider the sentiment of all races as not only Muslims were angry over the episode.
He said the prosecution would file an appeal.
Meanwhile, counsel Chong Joo Tian said Lee settled the fine.
Read more at https://www.thestar.com.my/news/nation/2018/04/11/bak-kut-teh-lee-wins-appeal-avoids-jail/#jwBMWptsxJImrY1m.99
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