Alvivi cleared of one of three charges

PUTRAJAYA: The Court of Appeal here struck out one of the charges against sex bloggers Alvivi over their Ramadan Facebook prank, ruling that it does not apply to non-Muslims.

Justice Mohtarudin Baki allowed the duo’s application, declaring that Section 298A(1) of the Penal Code is non-applicable and non-enforceable against them.

“We are bound by the Supreme Court’s majority decision in the case of Mamat Daud & Others v Government Of Malaysia, and allow the appeal in terms,” said Justice Mohtarudin.

The 1988 decision in favour of Mamat Daud found that the charges against him were unforceable as religious matters are reserved for the state legislatures and therefore beyond the legislative competency of Parliament.

Alvin Tan Jye Yee, 26, and Vivian Lee May Ling, 25, had appealed to have the charge under Section 298 – for stirring hostility between religions – struck out on the grounds the law was meant to ensure smoothness of the practice of Islam among its followers, not those of other religions.

The unanimous decision by the panel – which included Justices Rohana Yusof and Tengku Maimun Tuan Mat – means the duo need only face two more charges in their trial at the Session Court in Kuala Lumpur.

Counsel J. T. Chong submitted on Monday that Section 298 related to Islam and not to public order, as it would exceed the Parliament’s powers to enact laws on non-Muslim religions.

He added that the law would thus not apply to his non-Muslim clients.

Deputy Public Prosecutor Wan Shaharuddin Wan Ladin argued that read literally, Section 298 does not only apply to Islam but to actions that would offend any religious practitioners.

“The Hansard clearly states that this law is about mantaining public order, not about the religion of Islam,” said Wan Shaharuddin.

The previously close couple were seen sitting separately in the public gallery while the panel adjourned to mull over the submissions.

It was reported that the couple’s relationship was on the rocks after Tan accused Lee of having sex with others behind his back, in what he dubbed a violation of their rule not to “swing” behind each other’s backs.

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.

The charges that still stand for the duo are for allegedly 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.