Nude tourists can still be charged in Native Court on top of criminal charges

KOTA KINABALU: There is nothing to stop the Native Court from taking further action against the four foreigners for allegedly stripping and urinating on Mount Kinabalu, even though they are already facing charges in the Criminal Court.

Sabah Law Association president Datuk John Sikayun said if complaints were lodged with the Native Court, action could still be taken as it had separate jurisdiction under State native customary laws.

"There is no such thing as double jeopardy when it comes to customary laws," he said.

The four - Canadian siblings Lindsey, 23, and Danielle Peterson, 22; Dutch national Dylan Snel, 23 and Briton Eleanor Hawkins, 24 - are now remanded at the Kota Kinabalu police station lock-up.

The four, who surrendered themselves on Tuesday, were produced in Court on Wednesday when Ranau Magistrate Dzul Helmy ordered their remand for four days until Saturday.

They are being remanded for police investigations under Section 294A of the Penal Code for committing obscene acts in a public place. If convicted, they face a maximum jail term of three months.

Police have said two of them have confessed to stripping on the mountain.

Lawyers said if the four are to be charged under customary laws, it would be at the Native Court in Ranau where the offence took place.

They said that under Native Court practices, those found guilty would be ordered to pay sogit (compensation) which could be in the form of buffaloes.

Ranau District Chief Mohammad Din Solinggong said they had received complaints from several village chiefs about the stripping incident on the mountain.

"We cannot simply proceed with the case without an in-depth study. If we do, it may cause us further embarrassment as this has already attracted international attention," he said.

In the aftermath of the June 5 earthquake, local leaders including Deputy Chief Minister Tan Sri Joseph Pairin Kitingan, who is also Huguan Siou or Kadazandusun paramount chief, said that Mount Kinabalu was sacred to Sabah's indigenous people.

Pairin said they believed that the earthquake, which killed 18 people, could be linked to the uncouth behaviour of the foreigners on the mountain.

Various ethnic communities are preparing rituals to appease the spirits of the mountain this weekend.