Cops can start probing confession of aide in sex video, says lawyer

Muhammad Haziq Aziz.

PETALING JAYA: A lawyer said police can start probing the confession by an aide to a deputy minister that he was the individual seen in a viral video clip showing two men performing homosexual acts, one of whom resembles a senior minister.

Lim Wei Jiet said since unnatural sex is a crime in Malaysia the police can start a probe.

“Furthermore, if the confession leads to the evidence, then police can probe.

“But whether the police should probe or not, that is another matter,” he told FMT, adding that even though unnatural sex is a crime under the Penal Code, the laws need to be amended as these laws were not being enforced.

“If it is not being enforced, then it should be amended,” he said, adding that these laws on oral sex were brought in by the British from the Victorian era.

“We need to have laws that better reflect the times.”

Muhammad Haziq Aziz, an aide to Primary Industries Minister Shamsul Iskandar Mohd Akin, had claimed that he was engaged in homosexual acts with PKR deputy president Azmin Ali, who is also economic affairs minister, in a hotel room in Sandakan.

Azmin has denied the allegations, saying it was a nefarious plot to assassinate his reputation and character and an attempt to destroy his political career. He has instructed his lawyers to take legal action.

Another lawyer, Akberdin Abdul Kader, said unnatural sex remains an offence in Malaysia even with the consent of the other party.

“It is clearly spelled out in the Penal Code that unnatural sex is an offence, whether it is done with consent or otherwise,” he told FMT, adding that the maximum fine is 20 years in jail with whipping.

He said there are several different offences under Section 377. These cover buggery with an animal, carnal intercourse against the order of nature, committing carnal intercourse against the order of nature without consent, sexual connection with an object, outrages on decency, and inciting a child to an act of gross indecency.

Akberdin said the latest video, which is circulating on WhatsApp, could also be sent for further forensic checks for experts to determine the authenticity of the individuals in the video.

“Once determined, if those involved still claim they are not involved, then they can be charged with perjury,” referring to the offence of wilfully telling an untruth or making a misrepresentation under oath.

In the past, Malaysia has had its fair share of sex video tapes being distributed.

In 2008, MCA leader Dr Chua Soi Lek had admitted that he was the man in a sex DVD circulating in Johor.