GEORGE TOWN – A security guard and an unemployed man have each been sentenced to 12 months in prison after pleading guilty to committing an indecent act at a public cemetery in Ayer Itam last week.
Halila Abu Bakar, 37, and M Jegathesan, 58, admitted to the charge before Magistrate Nadratun Naim Mohd Saidi at Magistrate’s Court 3 here on Thursday. The offence took place at the Chinese Cemetery in Batu Gantung, Ayer Itam, at about 8.30am on March 22.
According to the charge, the two accused acted together to commit an act of gross indecency in a public place. They were charged under Section 377D of the Penal Code read together with Section 34 of the Penal Code. The offence carries a maximum prison sentence of up to two years upon conviction.
Deputy Public Prosecutor Lau Shavin urged the court to impose a sentence that would serve as a lesson to both accused and as a warning to the public. He stressed that the incident involved public interest as it occurred at a cemetery, a place meant to honour and remember the deceased. He also noted that the second accused is married, although both individuals had no prior criminal records.
Defence counsel R Purantharan appealed for a lighter sentence, citing personal circumstances. He informed the court that the first accused is unemployed and supported by her family, while the second accused works as a security guard earning RM1,800 a month. He added that the second accused has two children and is caring for a wife who is currently suffering from a stroke.
After considering submissions from both sides, Magistrate Nadratun sentenced each accused to 12 months’ imprisonment, effective from the date of their arrest.
The case came to light after a 38-second video of the incident went viral on social media. Police arrested the female suspect at about 8.35pm at a flat near Jalan Padang Tembak, while the male suspect was detained at about 11.10pm in front of a building near Jalan Paya Terubong, Sungai Ara. Both arrests were made on the same day after authorities received a report regarding the video.
In the recording, a man was seen naked with his back facing the camera, while a woman was partially dressed and seated on a tombstone. A female voice in the video was heard reprimanding the pair and reminding them that the cemetery is a place that must be respected. The man later apologised in the clip, but the individual recording the video insisted that a police report would be lodged.
The court’s decision sends a clear message that public decency must be upheld at all times, especially in locations regarded as sacred and meant for remembrance. Authorities have reminded the public to act responsibly and respect shared spaces, particularly those connected to cultural and religious sensitivities.
