Vivian Lee dodges jail, fined RM5,000 for offensive blog post

10 Apr 2018 / 17:01 H.

KUALA LUMPUR: Vivian Lee, the ex-girlfriend of controversial blogger Alvin Tan was fined RM5,000 by the High Court in default six months in jail for posting a picture of them eating bak kut teh during the Ramadan fasting month.
High Court judge Mohd Sofian Abd Razak set aside the five months and 22-day sentence imposed by the Sessions Court.
In dismissing the prosecution's appeal against the sentence, Mohd Sofian said the lower court was correct in finding Lee guilty of the offence, but added that he took into consideration previous cases under the Sedition Act 1948, and said in his view a fine would suffice.
"The learned Sessions Court judge was correct in finding the appellant guilty. But water has since passed under the bridge given the incident happened in 2013 and we are in 2018 now," he said in delivering the verdict.
"I have also looked at previous cases and I am of the view that justice will prevail when she is fined RM5,000, in default six months imprisonment, in lieu of imprisonment. I hereby dismiss the appeal by the prosecution."
He also advised Lee not to post anything sensitive on social media in future.
"My advice to you, please don't post anything sensitive after this. If you are found to be doing this a second time, the sentence would be serious. All the best to you," he told Lee.
Deputy Public Prosecutor Wan Shaharuddin Wan Ladin said that he would be appealing the sentence as the offence of insulting religion and the judiciary is most grievous.
Lee and her ex-boyfriend were charged with committing the offence under Section 4(1)(c) of the Sedition Act 1948, which carries a fine of RM5,000 or three years' jail, or both, upon conviction.
The duo had posted a picture of them eating Bah Kut Teh with a caption "Selamat Berbuka Puasa (with Bak Kut Teh … fragrant, delicious and appetising)" with a halal logo on their Facebook page.

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