SHAH ALAM – The prosecution team in the first cyberstalking case in the country is still trying to take the case to trial.
This comes after deputy public prosecutor Zilfinaz Abbas submitted to magistrate Sadha Diana Sabtu that the accused, Mohamad Safiq Rosli’s, guilty plea is conditional, seeing that the psychiatric report proving he was mentally unsound during the time of the offence does not fulfil the insanity defence as accorded under Section 84 of the Penal Code.
She submitted that the accused must fulfil both legal insanity and medical insanity to use such a defence in his guilty plea.
“The medical report by Hospital Bahagia Ulu Kinta had only fulfilled the medical test of insanity.
“However, the legal test of insanity remains unanswered. And the only way to prove the accused’s legal test of insanity is by way of a full trial,” she said during the proceedings here today.
Zilfinaz also appealed to the court to record the prosecution’s preliminary objection should the court retain its decision to accept the accused’s guilty plea.
Zilfinaz has previously attempted to bring the case to trial, citing that Safiq’s insanity defence can only be proven by way of a full trial.
Previously, she had suggested that the court invoke Sections 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 for as long as allowed by the state ruler.
Safiq, on December 15, changed his plea to guilty of repeatedly harassing Acacia Mardiana Daud on social media platform X (formerly Twitter).
He was previously charged with the same offence on August 10, where he pleaded not guilty and was granted bail on November 9. The bail remains unposted.
In the charge sheet, it was 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.
The case made 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 had said that Safiq had not had his day in court as he fled to the UK and returned to Malaysia prior to being charged here. – December 20, 2023