Court rejects sex bloggers' application to postpone hearing

High Court judge Kamardin Hashim dismissed the application after hearing submissions by their lawyer, Chong Joo Tian, and deputy public prosecutor Wan Shaharuddin Wan Ladin.

In the judgment, Kamardin said there was no merit in the application and the grounds given by the applicants was insufficient to allow the court to postpone the hearing.

He said the grounds given by the couple that it would be prejudicial against them if the court was to allow the hearing to proceed without waiting for the outcome of their appeal at the Court of Appeal was baseless.

"Therefore, their application is dismissed and the hearing at the Sessions Court will proceed," he added.

In his submission, Wan Shaharuddin said there was no 'special circumstances' that could enable the court to allow for the hearing to be postponed.

He said it would prejudice the prosecution if the court allowed the application because the Sessions Court had set the dates for the hearing, which would be for three days beginning Jan 8.

"The application was filed only to delay hearing at the Sessions Court," he added.

Alvin whose full name is Tan Jye Yee, 25, and Vivian or Lee May Ling, 24, had filed the application to postpone the hearing at the Sessions Court pending their appeal at the Appeal Court on a High Court's decision which dismissed their application to quash the charge they faced under Section 298A(1)(a) of the Penal Code.

In the decision made on Nov 21, Kamardin dismissed the couple's application on grounds that the charge faced by the couple under Section 298A (1)(a) of the Penal Code was valid, a 'good' law and did not clash with the Federal Constitution.

The charge pertained to uploading a picture of them eating 'bak kut teh', and accompanied by a caption, 'Selamat Berbuka Puasa with bak kut teh' (fragrant, delicious and appetising) which was likely to stir interfaith conflict at a restaurant in Dang Wangi between July 11 and 12 this year.

The couple are also jointly charged under the Incitement Act 1948 with publishing inciting content, namely the same picture and caption on their Facebook link https://www.facebook.com/alvivi.swingers at 568-14-18, Kompleks Mutiara Jalan Ipoh, Batu 3 1/2 here.