Sex bloggers given bail, barred from using communication devices

THE Malaysian couple who shot to "fame" for their sexploits and controversial Ramadhan greeting posted on Facebook have been given bail and barred from using communication devices by the Kuala Lumpur High Court today.

Judge Datuk Azman Husin granted Alvin Tan and Vivian Lee bail of RM30,000 bail with two sureties each, after allowing their revision application for three charges against them last week.

He also ordered their passports be impounded and prohibited them from uploading any offensive articles, comments or provocative and pornographic photographs that touches on racial and religious insensitivity.

The judge also prohibited the couple, who are popularly known by the name "Alvivi", from using any network communication device such as smartphones for the purpose of inciting racial or religious tension.

Tan and Lee were also ordered to report to the police station once a month.

The young couple had filed the revision to challenge Sessions judge Murtazadi Amran's decision in denying them bail last Thursday, after they were charged with three counts of insulting Muslims through the Facebook greeting and with posting pornographic pictures on their blog.

The decision by the Sessions judge in denying the young couple bail was viewed by some as "a lesson" to the public not to incite religious tension, but to others it was seen as harsh, considering they were not "hardened" criminals and were still innocent until proven guilty.

The revision application was also filed to review the Sessions Court's decision in allowing all the charges the couple faced, to be jointly tried.

In submissions today, counsel Chong Joo Tian, who appeared for both Tan and Lee, said bail should be granted as there was no materials presented at the lower court showing there was any risk of tampering of witnesses by the two.

"They are not a flight risk, there is no evidence they would abscond, and there was no submissions by the prosecutors to that effect," said Chong.

"It is also baseless and pure speculation by the respondents that my clients would repeat the alleged offences if they were to be released on bail."

Chong also said that no doubt the charges were severe, but the offences they were charged with was not as serious as rape or robbery cases, when courts have routinely granted bail.

"The Sessions judge had also denied bail, citing public interest. But that is wrong," he said, adding that what the lower court had done in denying bail was to serve the 'politicians out there who are calling for severe punishment'.

"The 'public interest', as the Sessions judge had worded, was only used as a pretext to punish my client. That is punitive to them and paves the way for a muddy road to justice."

Chong added that Lee's hand was injured two weeks ago and her hand was bandaged, even while she stood in the dock on Thursday.

He said she required medical attention, and this was not considered by the lower court.

Chong also said the Sessions judge should not have allowed the prosecution's application for the charges be jointly tried as it did not involve the same transactions.

DPP Ishak Mohd Yusoff, however, argued that Tan and Lee showed tendency of repeating similar offences as based on the tweets they posted on the Twitter microblogging site, they did not show full remorse.

"They had on July 13 tweeted 'You may shut us down but we will be back and will be stronger than ever'."

"Tan had also said that the offensive greeting was just a dark humour."

Ishak also said that the charges preferred against Tan and Lee should be jointly tried as it involved the same witnesses and the same police investigating officer.

Judge Azman dismissed the revision for a joint trial and said the Sessions judge's decision in allowing this was correct.

He, however, allowed the revision on bail.

Tan, 24, and Lee, 24, were charged under the Sedition Act, the Film Censorship Act, and the Penal Code.

Insulting Muslims

Alvivi stirred a storm for their controversial Facebook posting, said to be insulting Muslims during the holy month of Ramadhan.

They were alleged to have published a seditious publication on Facebook entitled 'Alvin and Vivian-Alvivi' at https://www.facebook.com/alvivi.swingers with a photograph titled "Selamat Berbuka Puasa dengan Bak Kut teh.. Wangi, enak, menyelerakan!!!" with the Halal logo beside it.

The Facebook administrator has since shut down their page.

They were alleged to have committed the offence at an apartment located in a building on Jalan Ipoh, Batu 3 1/2, Kuala Lumpur, at 10.48pm between July 11 and 12.

Under Section 4(1) of the Sedition Act, they are liable to a maximum RM5,000 fine or maximum three years, or both, upon conviction.

Under Section 298A(1)(a) of the Penal, they are liable to a jail term of between two and five years, if found guilty.

The both were also charged with uploading pornographic photographs at http://alviviswingers.tumblr.com/ between 9am on July 6 and 2am the next day.

For this offence under Section 5(1) of the Film Censorship Act 2002, they are liable to be punished under Section 5(2) of the same Act which carries a fine between RM10,000 and RM50,000, or a maximum 5 years' jail, or both, upon conviction.

The duo had also issued an apology on YouTube saying the stunt was done out of humour.

The couple came into the limelight since last October for posting lewd sexual acts on the internet.

Tan was a law student and was on scholarship at the National University of Singapore. But his scholarship was revoked following his Internet sexploits last year.

Tan was an Asean scholar and had been on "leave of absence" from his classes for almost a year when he started uploading pornographic pictures and videos of himself and his girlfriend Lee on a blog titled "Sumptuous Erotica".

Tan and Lee, a kindergarten teacher, started the blog in September 2012.