SEPANG, Oct 6 — The Sessions Court today dismissed public nuisance charges against nine Australians who stripped down to swimming trunks emblazoned with the Malaysian despite guilty pleas from all nine men.
Sessions judge Harith Sham Mohamed Yasin invoked Section 173A of the Criminal Procedure Code (CPC) to not impose any punishment and instead release all nine with a caution.
Defence counsel Tan Sri Shafee Abdullah earlier argued that the court should invoke the provision due to the “trivial” nature of the offence and his clients have shown “remorse” for their actions.
A spokesman for the nine earlier read out an apology in an open court, after they had pleaded guilty and admitted to an “error in judgement” over their actions during the weekend’s Malaysian Formula One Grand Prix in Sepang.
“We apologise sincerely for our actions, which offended the sentiments of people of this beautiful country.
“We do not have the slightest of intention of undermining this country and its sensitivities,” the spokesman said.
The nine said they were unaware of local sensitivities and that stripping down to Malaysian swimming trunks would be construed as offensive.
Whitworth later briefly collapsed in the dock, believed due to dehydration, but recovered shortly after.
Earlier, Shafee argued that his clients were "discriminated as men", claiming that some women at the Formula 1 paddock were "lesser dressed" than the nine Australians without offering any clear example of their scanty attire.
"Many countries allow the wearing of national emblems or flags on attires such as these. In fact it is encouraged and looked upon as a friendly act of patriotism," he told the court.
"On Australia Day, it is very common to see individuals in bikinis or swimming trunks bearing Australian flags, walking down the streets," he added.
He said that while such acts might be regarded as offensive in Asia, the same does not apply to Europe and Australia.
