SEPANG: The nine Australians arrested for stripping down to their Jalur Gemilang-themed swimwear during the Formula 1 Malaysian Grand Prix on Sunday have been cautioned and discharged by the Sessions Court here over the charge of causing public nuisance.
Judge Harith Sham Mohamed Yasin made the order after the nine pleaded guilty to the offence and made an open apology from a two-page letter which was read out in court by Thomas James Witworth, 28.
The conviction, however, was not recorded.
In delivering his judgement, Harith said he had taken into consideration the young age of the accused and a lack of awareness that their action was insensitive.
He added that the court hopes that the incident will serve as a reminder to them and the public to learn and respect the culture of our country.
"Whatever that is accepted in your country might not be accepted here. What you did was totally inappropriate and you provoked the sensitivities of Malaysians. The elements in the flag are symbols of sovereignty and the official religion of the country," he said.
Harith added that regardless of their lack of intention to provoke, the men must consider that Malaysia has a different culture than Australia.
"I hereby exercise my power in accordance with Section 173 (a) of the Criminal Procedure Code and hereby discharge and caution all of you from the charge," he said.
Withworth, 28, Timothy William Fiaschi Yates, 29, James Daniel Paver, 27, Adam Patrick Pasfield, 26, Nicholas William Daymond Kelly, 27, Thomas Craig Laslett, 28, Edward Timothy Leany, 25, Jack Robert Walker, 26 and Brenden Stobbs, 26, were charged with stripping down to their swimming trunks emblazoned with the Malaysian flag, causing annoyance to the public who were occupying the SIC vicinity, which is a public place, at 5pm on Oct 2.
Their offence under Section 290 of the Penal Code carries a fine which may extend to RM400.
During the proceedings, Witworth fainted inside the dock. The police then removed the men's handcuffs and gave them water.
On Sunday, the nine stripped down to their swimwear depicting the Jalur Gemilang after the victory of their countryman, Daniel Ricciardo, at the Grand Prix.
The men became known as the 'Budgie 9' for the flag-printed swimwear, known in Australia as "budgie smugglers".
They were represented by counsel Tan Sri Dr Muhammad Shafee Abdullah.