Sensitivity around the flag – a symbol of sovereignty and monarchy – could complicate the case for the nine men, lawyer warns

This article is more than 3 years old

This article is more than 3 years old

Nine Australian men who stripped down to briefs emblazoned with the Malaysian flag, a symbol of sovereignty and monarchy, may have inadvertently insulted the nation’s king, a lawyer has said.

Ronny Cham, a Malaysian lawyer who helped free four foreigners arrested in a similar case of public indecency last year, said sensitivity around the flag will mean the Australians might not get off so lightly.

His former clients, including a British gap-year tourist, had stripped on the top of Mount Kinabalu to celebrate reaching the peak and were arrested for “committing obscene acts in a public place”. The stunt had prompted an angry reaction in the province of Sabah, where the mountain is regarded as sacred.

Yet after spending only three days in jail awaiting trial, all were released and deported after paying a relatively light fine of 5,000 Malaysian ringgit (£860).

But this case is different, Cham said, as the Malaysian flag is rich in symbolism and will influence the case.

“Unfortunately, they have gone a little too far,” said Cham, who is not involved in the ongoing case. “The national flag is a sacred emblem representing not only sovereignty of the nation but also the King.”

Known as “Stripes of Glory”, the Malaysian flag has 14 red and white stripes representing the 13 member states and the federal government. A yellow crescent moon signifies Islam which is next to a star, also yellow, the royal colour.

The Australians wore matching tightly fitted briefs at the Malaysian Grand Prix on Sunday, a planned celebratory stunt that ended in detention.

The group, who were enjoying the Formula One win of Australian Daniel Ricciardo, also poured beer into their shoes and drank it, while being filmed by those around them.

The so-called “shoey” became popular in Australia over the past two years and has since gone mainstream as a celebratory flourish performed by motorsports champions such as Ricciardo.

After arresting the men, authorities said they will be held until Thursday and hinted at charges or deportation but did not specify which.

The country does have a sedition law which has been used in relation to insults against the monarchy as recently as last year, although there was no indication it would be applied to the nine Australians. However, the negative connotations of the flag underwear could affect the case.

“Police will investigate, we choose which law is appropriate then we recommend to the attorney general to charge them under those acts,” Malaysia’s deputy home minister, Nur Jazlan Mohamed, told reporters.

“We open our doors to tourists. We try to treat them as well as or sometimes even better than our own people. But when they come here with the intention to commit indecent acts to embarrass us, I think that’s not how visitors should respond to our good treatment, especially if there is a political motive behind it,” the minister said.

A Muslim-majority nation, with many people holding conservative values, Malaysia is also one of south-east Asia’s most accessible business and tourist destinations. But some visitors are unaware of local sensitivities.

One of the men arrested on Sunday, Jack Walker, is an adviser to Australian government minister Christopher Pyne. The group are aged between 25 and 29. A spokeswoman for Pyne said the matter was being “handled appropriately by the Australian high commissioner”.

The chief executive of the Sepang International Circuit, Dato’ Razlan Razali, said the Australians deserved to be “locked up, investigated and taken action against”, the New Straits Times reported.

“This shows a huge lack of respect to us as Malaysians; this is stupid behaviour from foreigners who have no sense of cultural sensitivity and respect,” Razlan said. “It embarrasses their own country as well; it gives Australians a bad name.”

Australia’s Department of Foreign Affairs and Trade confirmed it was providing consular assistance to a group of its nationals arrested in Malaysia but did not name them.

Australian deputy prime minister, Barnaby Joyce, said he hoped Malaysia will understand that there was no “real malice”.