The nine Australian men on their way to Sepang Sessions Court. — Bernama photo
SEPANG: Nine Australians were cautioned and discharged by the Sessions Court here yesterday after they pleaded guilty and apologised for stripping down to reveal swimming trunks bearing the Malaysian national flag print at the Sepang International Circuit here last Sunday.
The men, aged 25 to 29, were charged under Section 290 of the Penal Code for stripping down to swimming trunks emblazoned with the Jalur Gemilang, causing annoyance to the public who were occupying the Sepang International Circuit vicinity.
The accused include Australia’s Defence Ministry’s officer, Jack Robert Walker, 26.
Others charged are medical practitioner Dr Adam Patrick Pasfield, 26; account manager Brandon Stob, 26; manager Edward Timothy Leany, 25, and engineer Thomas Craig Laslett, 28.
Also charged with the offence were chief operations officer Thomas James Withworth, 28; student Timothy William Fiashi Yakes, 29; property developer James Daniel Pave, 27, and self-employed Nicholas William Daymond Kelly, 27.
All the accused were represented by lawyer Tan Sri Muhammad Shafee Abdullah, while deputy public prosecutor Muhamad Iskandar Ahmad prosecuted.
The Australians, who were clad in appropriate dress, such as long sleeve shirt, jacket and slack, appeared calm when they pleaded guilty after the court interpreter read out the charge in English.
The charge carries a fine of up to RM400, upon conviction.
Judge Harith Sham Mohamed Yasin, when handing down the sentence, said their behaviour in stripping down into the Jalur Gemilang-themed swimming trunk in public, which was widely reported by the media, was inappropriate and had provoked the sensitivity of Malaysians.
“The swimming trunks contain the elements of the Malaysian flag. I hope such incident would serve as a reminder to people travelling to the country to respect the local custom and culture,” he added.
Harith Sham said in making the decision, he took into consideration the age of the accused, their lack of awareness on Malaysian custom, their remorseful conduct and that they had been remanded for four days since Sunday.
Muhammad Shafee, in his mitigation, applied for the court to refer to Section 173A of the Criminal Procedure Code on the power to discharge considering his clients’ age and that it was a culture in Australia to wear bikini, swimming trunk and even slippers bearing the Australian flag.
Meanwhile, Withworth, representing all the accused, read out an apology letter which was addressed to the people of Malaysia to the court.
“We are remorseful of our actions on that day. We had no idea that our conduct would be deemed to be inappropriate, crass or even downright offensive to the citizens of the country. Please know that we do not have the slightest intention to undermine or degrade the dignity of the Jalur Gemilang of this country or her people.
“Please understand that our actions were purely an oversight on our part which stemmed from our lack of knowledge of the culture and national sensitivities of the people of Malaysia,” he said.
Shortly after reading out the apology letter, Withworth collapsed in the dock and was given water. His handcuff was removed and he was allowed to sit until the proceeding ended.
Among the exhibits brought into the court yesterday were a copy of the police report made for their behaviour, pictures of the nine accused in the Jalur Gemilang swimming trunks and also the nine swimming trunks. — Bernama