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Police have confirmed that the couple caught having sex at a cemetery in Penang are locals
According to Berita Harian, Penang police chief CP Datuk Azizee Ismail said authorities arrested both suspects at different locations in George Town on Monday, 23 March.
The 58-year-old male suspect was arrested in front of a building near Jalan Paya Terubong, Sungai Ara, while the 37-year-old female suspect was arrested at a flat near Jalan Padang Tembak.
Azizee said the two local citizens admitted to committing the act.
The case is currently being investigated under:
• Section 294 of the Penal Code public indecency
• Section 509 of the Penal Code for making gestures or sounds intended to insult the modesty of others
• Section 233 of the Communications and Multimedia Act 1998 for misuse of network facilities to transmit indecent content
Here are the maximum penalties under each provision:
• Section 294 of the Penal Code: three months in jail or a fine, or both
• Section 509 of the Penal Code: five years in jail or a fine, or both
• Section 233 of the Communications and Multimedia Act 1998: one year in jail or a fine of up to RM50,000, or both
In line with standard legal and journalistic practices, the suspects' names and uncensored photos will only be released after they are formally charged in court.
This is to uphold the presumption of innocence and avoid potential defamation before formal legal action is taken by the authorities.
Initial investigations found that the incident took place at the Batu Gantung Chinese Cemetery, Air Itam, on Sunday, 22 March
On Monday, Penang United Hokkien Cemetery (UHC) board director Datuk Cheah Cheng Ean confirmed the couple was caught at one of the association's cemeteries.
At the time, he claimed that the suspects were believed to be foreigners.
He said the cemetery is in a relatively secluded area at the end of a dead-end alley, making activities within the grounds difficult to detect from the main road.
However, as the site also houses a crematorium, columbarium, and funeral home, visitors frequent the area daily to pay their respects or attend funeral services.
With the Qing Ming festival approaching on 5 April, devotees typically visit cemeteries and columbariums in the weeks before and after the day to honour their deceased family members.
The suspects are currently on a three-day remand starting yesterday, 24 March, following an application at the George Town Magistrate's Court
The arrest followed a police report filed by a 69-year-old man, who cited a 38-second viral video showing a man and a woman behaving indecently at a Chinese cemetery.
The clip shows a man standing naked with his back to the camera, and a partially undressed woman sitting on a tombstone.
A woman confronts the pair, shouting, "I found you two here again! They have been naked in the cemetery several times already.
"You are disrespecting the deceased by carrying out such an indecent act here. I am calling the police."
