Cemetery couple freed after Penang High Court revises jail term to time served following accepted representation

KUALA LUMPUR, April 21 — The Penang High Court in George Town has revised a 12-month custodial sentence imposed on a couple convicted of committing an indecent act at a Chinese cemetery, cutting the term to time already served and ordering their immediate release, in a ruling that underscores the role of negotiated representations in sentencing outcomes.

In allowing the criminal revision, judge Rofiah Mohamad maintained the conviction against M. Jegathesan, 58, and Halila Abu Bakar, 37, but replaced the original sentence with imprisonment from the date of arrest on March 23 until the disposal of the revision today.

“Based on the developments as informed to the court earlier, the conviction against both accused is maintained.

“However, the 12-month sentence is replaced with a term of imprisonment from the date of arrest until today. This revision is allowed,” she said, as reported by the New Straits Times.

Rofiah said there was no reason to depart from the representation agreed upon by both the prosecution and the defence, effectively endorsing a negotiated position that focused solely on sentencing rather than conviction.

The couple had earlier pleaded guilty before a magistrate’s court on March 26 to a charge under Section 377D of the Penal Code, receiving a one-year jail term.

Deputy public prosecutor Muna Mohamed Jaafar told the High Court that while the defence’s appeal remained at the case management stage, a separate criminal revision application had been filed following a representation submitted by the defence and accepted by the prosecution.

She said the agreement maintained the conviction but sought a reduction in the custodial term.

“The conviction is maintained… as for the sentence, the detention and imprisonment can be reduced,” she said.

Defence counsel Datuk Naran Singh said his clients had withdrawn their appeal to proceed with the revision, arguing that the sentence imposed was disproportionate.

“The maximum jail sentence is two years. The one-year imprisonment imposed on both applicants is too excessive.

“We proposed that the 12-month jail term be replaced with imprisonment from the date of arrest on March 23, until the disposal of the revision today,” he said.

Outside court, the couple expressed relief and thanked their lawyer, who had represented them pro bono.

Naran said the decision meant they had served only 28 days in custody.

“I’m very happy about this revision. They were sentenced to 12 months, but today they only got 28 days. That is the minimum sentence,” he said.

“We did not disturb the conviction. The conviction stays, but the sentence is set aside because it was too excessive for this particular case,” he added.