Couple caught in sex act at Penang cemetery freed after Malaysian court reduces jail term

A man and woman who were each jailed for a year after they were caught engaging in a sexual act at a cemetery in Penang have had their sentence reduced, with the Malaysian High Court ordering their immediate release on April 21.

Judge Rofiah Mohamad overturned the sentence handed down by a Magistrate’s Court on March 26 after a criminal review application by the defence, Malaysian news agency Bernama reported.

The court reduced their sentences to the period already served – from their arrest on March 23 to the conclusion of the review on April 21 – resulting in the couple’s release.

However, the judge maintained their convictions.

The couple – M. Jegathesan, 58, and Halila Abu Bakar, 37 – pleaded guilty to gross indecency in a public place on March 26 after a 38-second video of their act went viral, sparking public outrage.

In the clip taken on March 22, a man is standing naked with his back to the camera while a partially undressed woman sits on a tombstone.

According to Bernama, defence counsel Naran Singh had requested for their sentence to be “set aside because it is too severe”. The offence carries a maximum penalty of two years’ imprisonment.

Deputy Public Prosecutor Muna Mohamed Jaafar did not object and informed the court that the prosecution accepted the representation.

In delivering the decision, Judge Rofiah said there was no reason to reject the agreement reached between both parties, noting that it was consistent with the representations submitted.