KUALA LUMPUR, July 26- Controversial couple Alvin Tan and Vivian Lee, who are being detained in prison, will be freed on a bail of RM30,000 each with two sureties.
This followed a decision by High Court judge Datuk Mohd Azman Husin in allowing their application for a judicial review of the Sessions Court’s decision in refusing to allow them bail.
Mohd Azman made the decision after hearing the submissions by lawyer Chong Joo Tian, representing the couple, and deputy public prosecutor Ishak Mohd Yusoff.
“After the court reviews the order by Sessions Court judge Murtazadi Amran according to Section 323 of the Criminal Procedure Code and Section 35 of the Courts of Judicature Act, the court grants bail of RM10,000 on each of the three charges with two sureties,” he added.
Tan, who is detained at the Sungai Buloh Prison, and Lee, at the Kajang Prison, are facing three charges. They were not in court today.
Mohd Azman also ordered the couple to surrender their passports to the court and to report themselves at a police station on the first week of every month.
They are also ordered against uploading articles, comment, obscene pictures or any form of writing that could touch on religious and racial sensitivity.
Tan and Lee are also prohibited from using any network communication devices to access the Internet to upload pictures, comments and articles that could instigate and create racial animosity.
However, Mohd Azman upheld the Sessions Court ruling for the three charges made against the couple to be tried jointly after finding that they all involved the same transactions and witnesses.
Meanwhile, Chong, in his submission, said that the Sessions Court judge had erred in refusing the grant his clients bail on grounds of public interests.
“The purpose of bail is only to ensure the presence of both the accused in court and the grounds of public interests have been misinterpreted by the court as if penalising them before the trial begins,” he said, adding that the couple had apologized for their action on July 14.
Ishak, on the other hand, said there was no need for the couple to be given bail as they had the tendency to repeat similar offences, despite having apologised for their actions.
“Although an apology had been made through YouTube and Facebook, the two applicants still upload the same things and this does not show that they are remorse,” he added.
During the early stage of proceeding, the court dismissed a preliminary objection by the prosecution to strike out the judicial review application by the couple.
Chong, in his submission for the preliminary objection, also raised the issue on the ‘isolation detention’ for his clients, saying that it was as if they had been penalised.
However, Azman said placing the couple separately showed the prosecution’s concern for them.
Last July 18, Tan, whose real name is Tan Jye Yee, 25, and Vivian Lee or Lee May Ling, 24, were jointly charged with making a seditious posting on their Facebook page, ‘Alvin and Vivian – Alvivi’, at https://www.facebook.com/alvivi.swingers , by uploading a photo of themselves eating “bak kut teh” (a pork dish) with the greeting “Selamat Berbuka Puasa with bak kut teh” (fragrant, delicious and appetising) together with the halal logo.
They allegedly committed the offence at 10.48pm between July 11 and 12 at 568-14-18, Kompleks Mutiara Jalan Ipoh, Mile 3 1/2 here.
The charge is made under subsection 4 (1) (c) of the Sedition Act 1948, which is punishable under subsection 4 (1) of the same Act, and read together with Section 34 of the Code Penal.
Tan and Lee are also charged with displaying pornographic pictures on http://alviviswingers.tumblr.com/ at the same place between 9pm and 2am between July 6 and 7.
The offence, under subsection 5 (1) of the Film Censorship Act 2002, is punishable under subsection 5 (2) of the same Act and carries a fine of between RM10,000 and RM50,000 or imprisonment of up to five years or both, if convicted.
They are also accused of uploading on their Facebook page the same picture and comment which were likely to cause religious enmity between the people of different faiths.
– BEERNAMA
