‘Budgie Nine’ families show support for Aussies arrested over stripping stunt in Malaysia

THE first of the families of the so-called Budgie Nine have arrived in Malaysia as the group faces an uncertain wait for a decision on what charges they will face.

The so-called Budgie Nine pictured wearing the bathers that led to their legal woes in Malaysia. Picture: AP Photo

THE first of the families of the so-called “Budgie Nine” have arrived in Malaysia to support their sons as the group face an uncertain wait for a decision on what charges they will face.

Yesterday a man, believed to be the father of one of the nine — who were arrested for stripping down to their budgie smugglers at Sunday’s Formula 1 Grand Prix — spent two hours inside the Sepang District police headquarters, where the Australians are locked up. He left without commenting.

Representatives from the Australian High Commission and local lawyer Tania Scivetti have also visited the group, who are being held in two separate cells and face anything from immediate deportation to a maximum of two years behind bars.

It is expected the university friends will face a court on Thursday, but so far Malaysian authorities are yet to make any announcement about the future of the case.

John Walker, chief executive of the City of Kalgoorlie-Boulder and former managing director of Thrifty Car Rentals, at the Sepang Police Station in Malaysia. He is believed to be the father of one of the Budgie Nine, Jack Walker. Picture: Jack Tran

It is understood that the police have handed the case files for all nine to the Attorney-General’s office, who will decide what charges the men should face over their public stunt.

Police have said they are being investigated under section 504 of the Penal Code for intentional insult with intent to provoke a breach of the peace.

The fact that their identical budgie smugglers were emblazoned with the Malaysian flag, known as the Jalur Gemilang, has heightened criticisms against the men in the nationalistic country.

But legal opinion differs on whether there is a specific charge in relation to the flag which could be used against them, such as desecrating the flag.

Malaysians are angry that their flag was used in such a way and there is understood be pressure from within the conservative factions of the Government and political circles to ensure the men are treated harshly and not given a slap on the wrist.

Prime Minister Malcolm Turnbull refused to comment on what should happen to the men yesterday, saying it was a matter best left to consular officials.

Families of the Budgie Nine, including this man who is believed to be the father of one of them, have arrived in Malaysia. Pictures: Jack Tran

“When Australians are overseas they should always be careful of and respect the laws of the country in which they are in,” Mr Turnbull said, adding he’s been told their families have travelled to Malaysia.

The majority of Malaysia’s 30 million people are Muslim in the conservative nation.

Umar Akiff was at Sunday’s Grand Prix and witnessed the nine Australian men drinking and strip down to their swimwear while celebrating Daniel Ricciardo’s win.

Mr Akiff said their actions were rude and insulting to use the flag in such a way, especially as there were many families and children at the event who witnessed their actions, which included drinking alcohol from shoes.

Only Malaysian Olympians deserved to wear swimmers emblazoned with the Malaysian flag, he said.

Mr Akiff said the stunt was played out in front of the main grandstand where he saw many children witnessing the incident.

“They are not in the Olympics and they are not representing Malaysia. My point is you don’t need a reason to use another country’s flag in order to make a joke,” he said.

The Sepang Police station in Malaysia where nine Australians are remanded in custody. Pictures: Jack Tran

Ironically the Sepang District police headquarters, close to the GP circuit where the actions provoked outrage is currently emblazoned with dozens of Malaysian flags, hanging along the fence line at five metres apart and flying from dozens of flag poles.

The station recently won a police beautification contest, hence the large number of flying flags.

The men are being investigated under the Penal Code for intentional insult with intent provoke a breach of the peace but local legal opinion is divided over whether they could also be charged with an offence related to desecrating the national emblem, being the flag.

Lawyers say there is no specific offence covering what the men did by wearing the flag on their underwear as opposed to burning it in protest.

Malaysian lawyer Fahri Azzat said that under Malaysia’s penal code there was no specific law pertaining to wearing the country’s flag in the way the men did.

The stunt led the nine young Aussies to Sepang Police station in Malaysia where they are being detained. Pictures: Jack Tran

Mr Azzat said there was no charge covering usage of the flag in the way it was used on the weekend.

Malaysians have been offended that the men wore the flag around their private parts, in the form of budgie smuggler swimwear.

But there was no charge that specifically could cover this. And he questioned whether a charge of intentional insult with intent to provoke a breach of the peace would even stick against the so-called Budgie Nine.

It is this charge, under Section 504 of the Penal Code, which the police have said is the basis of their investigation. The charge carries a maximum two years in jail.

But Mr Azzat said the group could argue that their actions did not provoke a breach of the peace, it did not cause protests or riots and they should not be jailed or face a criminal conviction.

A man believed to be the father of one of the Australian men remanded in custody at the Sepang Police Station. Picture: Jack Tran

“The prosecution has to prove a hypothetical,” Mr Azzat said and there was no proof of any disorder as a result of their actions, undertaken in a celebratory and carnival atmosphere.

“The court has to be very mindful, nobody got hurt, there was no property damage. It was a party atmosphere,” Mr Azzat said.

In special circumstances courts in Malaysia can find a crime proven but not record a conviction.

Last year, a group of European and Canadian backpackers were arrested for stripping off and posing for naked photos on Mount Kinabalu. The group was fined 5000 Malaysian Ringgit sentenced to three days jail when they pleaded guilty to committing an obscene act.

This group was sentenced on their first court appearance and immediately deported from the country, something which could happen in the case of the Australians this week as well.