Sex video: Datuk Trio plead guilty and fined
The three individuals behind the sex tape which featured a man resembling Opposition Leader Anwar Ibrahim were charged in Kuala Lumpur Magistrate's Court today and slapped with a fine of up to RM3,000.
This came three months after they screened the video at a hotel to a group of journalists.
Businessman Shazryl Eskay Abdullah and former Perkasa treasurer Shuaib Lazim were jointly charged for possession and distribution of pornography under Section 292(a) of the Penal Code.
They had allegedly committed the offence between 10.30am and 12pm at the Carcosa Seri Negara hotel on March 21.
Meanwhile, former Malacca chief minister Rahim Thamby Chik was charged with abetment under section 109 of the Penal Code.
Rahim is represented by top lawyer Muhammad Shafee Abdullah, while Eskay was represented by Zamani Ibrahim and Shuaib by Suhaimi Salleh.
The prosecution team includes deputy head of prosecution division Mohamad Hanafiah bin Zakaria and DPP Kamaludin Md Said.
Magistrate Aizatul Akmal Maharani subsequently allowed a short break for the defence lawyers to consult the trio.
Eskay tells court: It's Anwar
As the facts of case were read out to the three accused, the court interpreter mentioned "resembling Anwar Ibrahim" four times.
It was also mentioned that a US expert report has found no tempering and no images being "superimposed" in the video footage.
The report also confirmed that the man resembles Anwar and that the woman in the sex video was from China.
It added that the woman gave the man oral sex and the couple went on to have sexual intercourse.
When magistrate Aizatul asked if the accused understood the facts of the case, Eskay said he did not agree with the content of US expert report - that the man in the video resembles Anwar.
"Not resembling, but it's Anwar," he told the court.
There are two widescreen televisions in the courtroom. It is possible that the video could be screened for the magistrate to ascertain whether the clip is really pornographic.
Trio's intention honourable, says defence
In mitigation before sentencing, defence lawyer Shafee argued that the motive of the accused was “honourable” - to expose the hypocrisy of a leader who at one time was one step away from becoming the prime minister.
He said the sex video would open him up to be blackmailed by local and international forces.
“This is more important than the issue of the case. The accused have merely committed a minor offence in the bid to expose bigger offence, and perhaps the biggest fraud ever.”
Shafee, who has prepared 40-page affidavit which detailed Rahim's background and achievements, said that while there were rumours surrounding the former politician, he was never convicted in a court of law.
The defence counsel asked the court to discharge Rahim on a good behaviour bond, and be given a warning.
Shafee also said the US video experts, who were consulted by the Malaysian police, had compared images of the man in the video with a photo of Anwar and confirmed that both were identical.
“This means A and B is same person,” he said.
Shafee said the June 4 report by Dartmouth College in Hanover, New Hampshire, based on a facial recognition analysis shows 99.99% match of the male in the video clip to a known photo of Anwar.
The report was done professors Hany Farid and Lorenso Torresani.
He argued that Anwar had committed an offence of making a false police report under section 193 of the Penal Code.
“Datuk T should not be here, but Anwar,” said Shafee.
He also emphasised that the accused were not pornographic CD sellers, who ply their wares for money. The trio, said Shafee, did not gain personal benefit from the screening of the video.After another short break, magistrate Aizatul handed down her sentence to the trio. All three were fined.
Eskay - fined RM3,000 or three months' jail.
Shuiab - fined RM1,500 or two months' jail.
Rahim - fined RM1,000 or one months' jail.
Video widely distributed
It was previously reported that several journalists and editors were shown a video clip of a man resembling Anwar having sex with a woman.
Shazryl and Rahim then unmasked themselves to be the ones responsible for the screening at a press conference two days later.
Although Shazryl said that he had the only copy of the video which was surrendered to the police, clips of it were later posted on a pro-Umno blog.
It did not take long for the full 23-minute video to be posted on the Internet.
Most recently, it was reported that the video had been mailed to politicians as well as distributed openly in many parts of Selangor. Some were left on car windshields at a shopping mall car park in Johor Baru.
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