SHAH ALAM: "You are married, you have a wife.. and you did this, you betrayed your family."
These were the remarks made by Syariah judge Mohd Asri Mohd Tahir in sentencing a 42-year-old man after he was convicted of attempting to commit sex against the order of nature in November last year.
The man was sentenced to seven months in jail, a fine of RM4,900 and six strokes of the cane.
Mohd Asri also sentenced four other men aged between 27 and 37 with six months imprisonment, a fine of RM4,800 and six strokes of the cane over the same offence.
In the proceeding today, Mohd Asri ordered all accused to serve three and four months in jail should they fail to pay their fines.
Earlier in his judgment, Mohd Asri said the offence committed was serious and against human nature.
He said sentencing them was deemed insufficient to serve as a lesson for the accused and the society in general.
"All the accused were found naked in an apartment on the second floor with seven other men, including three who were non-Muslims, apart from condoms and lubricants found at the location," he said.
"The facts indicated there was preparation to commit sex against the order of nature and this was not an initial attempt," he added.
According to the charges, they were accused of attempting to perform sex with one individual or an orgy with any of the men found in an apartment in Bandar Baru Bangi at 9.30pm on Nov 9, 2018.
They were charged under the Syariah Criminal Enactment (Selangor) 1995 read together with Section 52 and Section 28 of the same enactment which is an attempt to perform sex against the order of nature.
Upon conviction, they can be fined not more than RM5,000 or jailed not more than eight months or caned not more than six strokes or any combination of the mentioned punishments.
The prosecution was led by Syariah prosecutor Atras Mohamad Zain while the five accused were represented by Syariah lawyer Nurain Kamarudin.