Sex in M’sian cemetery: Unmarried pair jailed 1 year, man has 2 children with stroke survivor wife
A man and woman caught engaging in a sexual act at a cemetery in Penang have each been handed a one-year jail sentence on March 26.
M. Jegathesan, 58, and Halila Abu Bakar, 37, pleaded guilty to an offence under Section 377D of Malaysia’s Penal Code, which criminalises gross indecency in a public setting, reported Malaysian news outlets New Straits Times and The Star.
The pair admitted to committing the indecent act at Batu Gantung cemetery, a Chinese cemetery in George Town, at 8.30am on March 22.
A magistrate’s court sentenced both to 12-months imprisonment.
Woman single, man married with 2 children
In mitigation, lawyer R. Purantharan, who represented both accused, sought a lighter sentence.
He said Halila was single, unemployed, and living with her family.
Meanwhile, Jegathesan works as a security guard earning RM1,800 (S$580) a month and is the sole breadwinner for his family, including his wife, who had suffered a stroke, and their two children.
“Both have pleaded guilty, saving the court time and costs of a trial. I therefore appeal for minimal custodial sentences for both my clients,” he said.
According to Malaysian paper China Press, Jegathesan had initially attempted to plead not guilty, citing financial difficulties following his wife’s stroke.
However, Magistrate Nadratun Naim Mohd Saidi interrupted him and asked that he respond only to whether he was pleading guilty.
This led to court officers re-reading the charge, after which both accused again pleaded guilty.
Prosecution sought heavier punishment
Deputy Public Prosecutor Lau Shavin urged the court to impose a deterrent sentence.
“There should be a sentence that is appropriate to serve as a lesson to the accused persons and as a warning to others not to commit the same offence.”
She noted that Jegathesan was married and said their respective religious beliefs prohibit such acts.
She also stressed that the offence was committed in a cemetery, a public setting.
The case sparked outrage after a 38-second video circulated online, showing a naked man with his back to the camera and a partially undressed woman seated on a tombstone.
Dato Cheah Cheng Ean, president of United Hokkien Cemeteries of Penang, which oversees the site, previously said this was not the first time the pair had engaged in such acts in the area.
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