A-G throws the book at Alvivi couple for Facebook post, sex video clip
Malaysia's
infamous sex blogger couple were denied bail and remanded to prison
after they were charged under three laws for their controversial Ramadan
greeting posted on Facebook and for uploading sex video clips on the
web last year.
The couple, Alvin Tan Jye Yee, 25, and Vivian Lee May Ling, 24, known collectively as Alvivi, were charged under the Sedition Act, the Film Censorship Act and the Penal Code at the Kuala Lumpur Sessions Court this afternoon.
They face a maximum jail sentence of 15 years each, with fines, if convicted of the three charges.
The duo were alleged to have posted a seditious publication on Facebook titled '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 568-14-18 Kompleks Mutiara, Jalan Ipoh, Batu 3 1/2, Kuala Lumpur, between July 11 and 12.
They were also charged with uploading pornographic photographs at http://alviviswingers.tumblr.com/ between 9am on July 6 and 2am the next day.
The prosecution team comprising deputy public prosecutors Noorin Badaruddin, Ishak Mohd Yusoff and Nadiah Mohd Izhar objected to bail as two of the three charges were non-bailable.
"There is also a possibility that they will upload contents on the web that can incite anger among the public," said Noorin.
Ishak also said "Alvin Tan" is now a household name.
"You can google him and a stream of his name with pictures will pop up," he said.
"These contents can affect the relationship between races."
However, he said, it cannot be denied that these charges were not violent in nature, but added these were serious offences.
Counsel Chong Joo Tian, who was assisted by Wong Kee Them, said the court should use its discretion to grant both his clients bail as they are innocent until proven guilty.
"To say that there is a possibility they could commit similar offences is purely speculative," he said.
"They should not be incarcerated as it would be a form of punishment even before trial begins."
Chong said public outcry against the two should not be a factor when bail is decided.
"The two are ordinary people, without position, power or wealth. No matter how heinous the offence, judicial process must be in accordance with the law. The court cannot give in to emotions which are riding high at this time."
Judge Murtazaidi Amran then asked Tan and Lee if they had anything to say on the matter of bail.
Tan: "I cannot possibly upload any material that can incite anger as the MCMC (Malaysian Communication and Multimedia Commission) has seized all my equipment. I am currently unemployed and I am a person of no position and wealth."
Lee, a kindergarten teacher, echoed Tan.
After standing down proceedings for about 15 minutes, Murtazaidi denied both of them bail and fixed Aug 23 for mention. The couple was then taken away by police.
Later outside the courtroom, Chong said he will be appealing against the court's decision to deny them bail.
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 started the blog in September 2012. - July 18, 2013.
The couple, Alvin Tan Jye Yee, 25, and Vivian Lee May Ling, 24, known collectively as Alvivi, were charged under the Sedition Act, the Film Censorship Act and the Penal Code at the Kuala Lumpur Sessions Court this afternoon.
They face a maximum jail sentence of 15 years each, with fines, if convicted of the three charges.
The duo were alleged to have posted a seditious publication on Facebook titled '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 568-14-18 Kompleks Mutiara, Jalan Ipoh, Batu 3 1/2, Kuala Lumpur, between July 11 and 12.
They were also charged with uploading pornographic photographs at http://alviviswingers.tumblr.com/ between 9am on July 6 and 2am the next day.
The prosecution team comprising deputy public prosecutors Noorin Badaruddin, Ishak Mohd Yusoff and Nadiah Mohd Izhar objected to bail as two of the three charges were non-bailable.
"There is also a possibility that they will upload contents on the web that can incite anger among the public," said Noorin.
Ishak also said "Alvin Tan" is now a household name.
"You can google him and a stream of his name with pictures will pop up," he said.
"These contents can affect the relationship between races."
However, he said, it cannot be denied that these charges were not violent in nature, but added these were serious offences.
Counsel Chong Joo Tian, who was assisted by Wong Kee Them, said the court should use its discretion to grant both his clients bail as they are innocent until proven guilty.
"To say that there is a possibility they could commit similar offences is purely speculative," he said.
"They should not be incarcerated as it would be a form of punishment even before trial begins."
Chong said public outcry against the two should not be a factor when bail is decided.
"The two are ordinary people, without position, power or wealth. No matter how heinous the offence, judicial process must be in accordance with the law. The court cannot give in to emotions which are riding high at this time."
Judge Murtazaidi Amran then asked Tan and Lee if they had anything to say on the matter of bail.
Tan: "I cannot possibly upload any material that can incite anger as the MCMC (Malaysian Communication and Multimedia Commission) has seized all my equipment. I am currently unemployed and I am a person of no position and wealth."
Lee, a kindergarten teacher, echoed Tan.
After standing down proceedings for about 15 minutes, Murtazaidi denied both of them bail and fixed Aug 23 for mention. The couple was then taken away by police.
Later outside the courtroom, Chong said he will be appealing against the court's decision to deny them bail.
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 started the blog in September 2012. - July 18, 2013.
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