‘Budgie 9’: Apologies as Australians appear in Malaysian court, are cautioned, discharged

Sepang: The nine Australians arrested after stripping down to budgie smugglers emblazoned with the Malaysian national flag during the Malaysia Grand Prix have escaped conviction.

The men, who appeared in Sepang Magistrates Court on Thursday handcuffed to each other, were told their behaviour was „totally inappropriate” before they were cautioned and discharged.

One of the men read out a letter of apology on behalf of the group saying it was a „moment of folly”.

As they waited to hear their fate, one of the nine – believed to be Thomas Whitworth – fainted while handcuffed to another of the group. He was helped up by his friends.

The nine are Branden Stobbs, 29, Edward Leaney, 25, Nicolas Kelly, 27, Thomas Laslett, 28, Thomas Whitworth, 28, James Paver, 27, Adam Pasfield 25, Timothy Yates, 29, and Jack Walker.

All nine apologised for hurting the feelings of the people of Malaysia, saying „we are remorseful of our conduct that day”.

They acknowledged the „national sensitivity” of the stunt and said „for that we are truly sorry for disrespecting the Malaysian flag and people”.  They said the incident was „purely an error of judgment on our behalf”.

Tan Sri Shafie Abdullah, the lawyer for the men, told the court they were part-time surf lifesavers and that wearing swimmers in public was second nature to them, so they didn’t think twice about stripping down.

He said Australia’s national flag is often worn as swimmers, which is used to show patriotism.

„When my nine clients were arrested they were shock,” he said. „Culturally they have come from a little different background.”

All nine pleaded guilty to charges of public nuisance, but the judge cautioned and discharged the group without conviction. They left the court shortly after.

Mr Abdullah told Fairfax Media he wouldn’t be surprised if the group „left for Australia today”.

„Everyone is happy that no charges were recorded,” he said.

The group had arrived in court stony-faced earlier on Thursday, besieged by waiting media after spending four nights in custody.

John Walker – the father of Jack Walker, an adviser to Christopher Pyne – said when he arrived that he was „very hopeful” all nine of the men could be brought home „today”.

Following the hearing, he said the caution was an „excellent result”.

„We’re very thankful,” he said. „They recognise what they did was unacceptable, but they have been completely cleared.

„There’s no charge, there’s no fine, the boys apologised. They’ll go home and resume their lives.”

When they were arrested on Sunday afternoon, police alleged they were drunk and had revealed the swimsuits in a state of „happiness” following Australian Daniel Ricciardo’s GP win.

Ricciardo said he was unaware of the group’s arrest until well after the fact and believes they will have learnt their lesson. Ricciardo defended the men but said they should have been more careful.

Sky News reported the Malaysian prosecutors have claimed the stunt was politically-motivated and particularly offensive.

Fairfax Media on Wednesday spoke to Malaysians who were also at the Grand Prix.

Gokul Radhakrishnan, lawyer at a private firm in Kuala Lumpur, said the men’s actions „should not be taken lightly” and that they should „face the consequences” of their actions.

„I think it is absolutely outrageous that educated adults would have the audacity to disrespect the flag of a nation in such a way,” he said. „Surely an act such as this if committed in Australia by foreigners would be met with public outcry.”

Others said the case had been blown out of proportion.

Business owner and healthcare IT consultant, Vinod Ganesan, said he had no issues with the men wearing undies with the Malaysian flag on them.

„I wouldn’t recommend anyone to get emotionally attached to symbolism like that,” he said. „This is not about defending nationalism. After all, it’s the same flag sentiment that is used to recruit citizenry to enlist in armed forces and later to shroud the coffin that comes back.

With Georgina Mitchell, AAP

http://www.smh.com.au/world/budgie-9-apologies-as-australians-appear-in-court-20161006-grwh81.html