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PUTRAJAYA (THE STAR/ASIA NEWS
NETWORK) - Malaysia's Federal Court has maintained its decision to
drop a charge against former sex bloggers Alvivi relating to their
Ramadan Facebook prank.
Justice Abdull Hamid Embong
allowed the defence's preliminary objection that the Federal Court
had no jurisdiction to hear a case that originated from the
Sessions Courts.
Alvin Tan Jye Yee, 27, and
Vivian Lee May Ling, 26, are on trial in the Kuala Lumpur Sessions
Court over three charges.
They are accused of publishing
a religiously insensitive photograph, making seditious statements,
and for displaying pornographic images on their blog.
On Wednesday, a Federal Court
panel - which included Justices Ahmad Maarop, Hasan Lah, Zainun Ali
and Ramly Ali - unanimously struck out the prosecution's appeal
against the dropping of the charge of stirring hostility between
religions.
On April 21, 2014 the Court of
Appeal struck out the charge under Section 298A(1) of the Penal
Code, on the grounds the law does not apply to
non-Muslims.
The panel led by Justice
Mohtarudin Baki agreed with the defence that Section 298 was meant
to ensure smoothness of the practice of Islam among its followers,
not those of other religions.
At the hearing on Wednesday,
Lawyers Chong Joo Tian and K. T. Wong represented Tan and Lee,
while Deputy Public Prosecutor Wan Shaharuddin Wan Ladin acted for
the prosecution.
The case in the Sessions Court
is fixed for case management on March 6, despite the fact that Tan
has jumped bail.
Tan and Lee claimed trial on
July 18, 2013 before Sessions Court Judge Murtazadi Amran to three
charges under the Film Censorship Act, Sedition Act and Penal
Code.
The duo's
original postings on July 11, 2012 caused an uproar among
Malaysians of all races for their insensitivity.
ST 20 Feb 2015
