SHAH ALAM – The country’s first cyberstalking case will go to trial on January 17 next year.
The magistrates’ court here today set the date for Mohamad Safiq Rosli, 37, to face trial for harassing a female photographer on social media after hearing mitigation submissions from the prosecution led by deputy public prosecutor Zilfinaz Abbas and from defence lawyer Fithril Hakim Ab Jalil.
The case before magistrate Sasha Diana Sabtu saw twists and turns after Safiq first pleaded guilty on December 15.
Today’s proceeding was initially fixed for mitigation and sentencing,
However, DPP Zilfinaz made a second attempt to take the case to trial, and submitted that Safiq’s guilty plea was conditional as the forensic psychiatric report on his mentally unsound condition during the time of the office did not fulfil requirements for the insanity defence under Section 84 of the Penal Code.
Zilfinaz said the accused must fulfil both legal insanity and medical insanity to apply such a defence in his guilty plea, which could only be proven by way of a full trial.
In response, defence lawyer Fithril requested the court to invoke Sections 347 and 348 of the Criminal Procedure Code, which deal with acquittals based on grounds of mental disorder and with detaining the accused in a mental institution.
Magistrate Sasha Diana then ruled for the case to go to trial while holding Safiq’s insanity plea as a qualified one, which the court rejected.
However, upon hearing this, Fithril said his client was no longer going to claim the defence of insanity and requested for the court to continue with sentencing today.
Another twist came when after the court adjourned for consideration, Fithril this time said Safiq had instructed the defence team to maintain the insanity defence.
The lawyer also maintained the defence’s stance in requesting for the court to invoke Sections 347 and 348 of the Criminal Procedure Code.
The magistrate then reaffirmed her decision to take the matter to trial.
The prosecution also informed the court that three witnesses will be brought to testify by way of witness statements.
The three prosecution witnesses will include the victim herself, Acacia Mardiana Daud, to which her watching brief, lawyer Jason Wee, requested for the court to allow for the victim to testify via online for her well-being and safety.
Safiq was charged on August 10 under Section 507A of the Penal Code, which carries a maximum sentence of three years in jail, a fine, or both upon conviction.
He claimed trial then, and was granted bail on November 9, which has not been posted until today.
The charge sheet states that Safiq, also known as “Sopert” in Acacia’s social media posts, should have known his actions would incite fear in the victim.
The case made headlines when Acacia took to her social media platforms to share her experience with Safiq, which allegedly began in 2016.
She said some of the online harassment came in the form of lewd photos and expressions that they were “in love”.
She also alleged that Safiq had stalked her all the way to the United Kingdom, which led to her lodging a report with the UK authorities.
This led to Safiq’s arrest there and charging in court for harassment.
However, she said Safiq had not had his day in court as he fled the UK and returned to Malaysia prior to being charged here. – December 20, 2023
