SHAH ALAM – The first individual in the country who is charged with online stalking made a turnabout at the magistrates’ court here today when he changed his plea to guilty.
In today’s proceedings before magistrate Sasha Diana Sabtu, Mohamad Safiq Rosli pleaded guilty to repeatedly harassing Acacia Mardiana Daud on social media platform X.
He was previously charged with the same offence on August 10, where he pleaded not guilty and was granted bail on November 9. However, his lawyer Fithril Hakim Ab Jalil told Scoop today that Safiq has not made bail yet.
In the charge sheet, it claimed that Safiq, also known as ‘Sopert’ in Acacia’s posts, should have known his actions would incite fear in the victim. He was charged under Section 507A of the Penal Code, which carries a maximum sentence of three years in jail, a fine, or both upon conviction.
After Safiq’s guilty plea, deputy public prosecutor Zilfinaz Abbas suggested for the court to invoke Section 347 and 348 of the Criminal Procedure Code.
Section 347 is on acquitting an accused on grounds of mental disorder while Section 348 is on detaining the accused at a mental institution so long as allowed by the state ruler.
This, she said, was due to Safiq’s psychiatric report by Hospital Bahagia Ulu Kinta, Perak, that verified he was mentally unstable or “insane” during the time of the offence. However, the report said he is fit to stand for trial and to defend himself.
“(Therefore), it is suitable to hold a full trial to prove Safiq’s insanity (as reported) during the time of the offence,” said Zilfinaz.
Zilfinaz then cited a 2010 murder case involving Rasidi Ismail who had pleaded guilty for killing his family members including beheading his father, whereby the psychiatric hospital confirmed he was suffering from schizophrenia.
Yet, the accused, now convicted, was put through a full trial after the court denied his guilty plea.
At the end of the case trial, Rashidi was then acquitted due to his mental state during the time of the offence, and detained at Kajang Prison as long as allowed by Yang Dipertuan Besar of Negri Sembilan.
However, Fithril said it is unsafe for the court to not accept Safiq’s guilty plea, as it is within his rights to plead guilty.
The magistrate ruled that if Safiq is fit to stand for trial, he is also fit to plea, before accepting his guilty plea today.
She then fixed December 19 to hear mitigation submissions from both parties and to decide on the accused’s sentence.
The case made the headlines when Acacia took to her social media platforms to share her harrowing experience.
She shared details of alleged harassment from Safiq that began in 2016. She said some of the online harassment also 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 previously, which led to her lodging a report with the UK authorities.
This prompted them to arrest Safiq and charge him in court for harassment. However, she said that Safiq had not had his day in court as he fled the UK and returned to Malaysia prior to him being charged here. – December 15, 2023