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Thursday, July 18, 2013

Denied bail becos 'Worried because they may repeat their actions...' is this 'preventive detention'? Bail should be accorded to even Alvin and Vivian

Remember that a person is presumed innocent until tried and convicted by a court of law.

The object of bail is to secure the attendance of the accused person in court for his/her trial dates. To be released on bail is a right. Are they flight risk? In any event, if an accused do not turn up in court for no reasonable reason - then courts may refuse bail.

But here, looking at what was reported as the reason , 'because of their penchant for uploading contents that could potentially stir public ire' ....'there was a danger that they would repeat their actions if allowed to go free...'- well this is very wrong. it is akin to PREVENTIVE DETENTION or 'Detention Without Trial'? Such justification for denial of bail cannot be allowed.

The two did not plead guilty to the charges - they claimed trial.

And why did they decide to charge them, well the first report 

“The AGC also decided on charging them following the abduction and assault of an individual by an unidentified group, believed to be a backlash to their (Alvin and Vivian's) alleged actions," he [Attorney General Tan Sri Abdul Gani Patail]said.

In my opinion,this is a bit far fetched. Mr AG you are concerned about 'trial by media' and you should not be saying such things about an unrelated criminal incident...Are they also being charged for this? Remember, innocent until proven guilty,

We may all ,be not happy for the things that Alvin and Vivian are alleged of doing - but that does not mean that their rights can be violated... they have yet to be convicted.

And, Malay Mail you really should not have posted that 'picture', which I believe raised public anger and/or displeasure - you are just making it worse.

Attorney General explains why Alvin, Vivian were disallowed bail

PUTRAJAYA, July 18 — Controversial duo, Alvin and Vivian had not been allowed bail pending their trial because of their penchant for uploading contents that could potentially stir public ire, said Attorney General Tan Sri Abdul Gani Patail.

He was referring to Alvin Tan Jye Yee, 25, and Vivian Lee May Ling, 24, who had allegedly mocked Muslims and Ramadan via Facebook.

The duo were at the Kuala Lumpur Sessions Court today to answer three charges, of posting indecent photographs in their blog, inciting racial antagonism, and sedition.

In a statement today, Gani said the Attorney General's Chambers (AGC) decided to prosecute them based on the legal provisions and after considering the implications of their alleged actions.

“The AGC also decided on charging them following the abduction and assault of an individual by an unidentified group, believed to be a backlash to their (Alvin and Vivian's) alleged actions," he said.

Meanwhile, Gani called on all parties to refrain from making any statement or speculation relating to the case to avoid a trial by media. — Bernama

The picture depicting Alvin Tan and Vivian Lee eating bak kut teh and describing it as ‘wangi, enak, menyelerakan’ (fragrant, delicious, appetising). - Picture taken from Facebook {The Malay Mail online report below had the picture, that caused much anger amongst Malaysians, and I believe is also one of the things they are being charged for - so really it is not proper}

PETALING JAYA, July 18 — Controversial bloggers Alvin Tan and Vivian Lee were today denied bail following charges brought against them over a provocative Ramadan greeting on Facebook and their sex video acts posted on the Internet last year.

Tan will be held at the Sungai Buloh Prison while Lee is to be housed at the Kajang Prison pending trial.

The duo earlier claimed trial at the Sessions Court in Kuala Lumpur to three separate charges under the Sedition Act, the Film Censorship Act, and the Penal Code.

Arguing earlier for the duo to be denied bail, prosecutors said there was a danger that they would repeat their actions if allowed to go free.

Both insisted they had no inclination to do so, while their lawyer further insisted that to deny them bail would be “punitive”.

Tan further said all his computers have since been seized by the authorities.

After a brief recess, judge Murtazadi Amran declined bail for both defendants.

Better known as “Alvivi”, a contraction of their two first names, 25-year-old Tan and Lee, 24, had stirred up a hornet’s nest last week when they posted a mock “Selamat Berbuka Puasa” (breaking of fast) greeting on their Facebook page that showed them eating “bak kut teh”, and describing the soupy pork dish as “wangi, enak, menyelerakan” (fragrant, delicious, appetising).

The picture also included a “Halal” logo, although the consumption of pork is forbidden to Muslims.

They were hauled in for questioning by the Malaysian Communications and Multimedia Commission (MCMC) last week, released and picked up again by the police this morning for displaying the picture deemed offensive to Muslims.

But the swift action of the authorities towards the couple’s post barely a week ago drew Pakatan Rakyat lawmakers yesterday to note the contrasting lack of action against far-right group Perkasa’s Datuk Ibrahim Ali over threats to burn copies of the Malay-language bibles in January and his deputy, Datuk Zulkifli Noordin, for videos in which he appeared to mock Hindus.

The couple had first courted controversy over the videos and photographs of their sexual exploits that had been posted on a now-defunct blog. - Malay Mail, 18/7/2013, Sex bloggers denied bail, sent to prison
See also earlier post - 

Do not charge Alvin and Vivian under Sedition Act, the Act which should be repealed. There are other options.


Sex bloggers denied bail, sent to prison

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