Stalking trial: Prosecution does not want guilty plea to enable use of insanity defence


  • Nation
  • Wednesday, 20 Dec 2023

Caption: Mohamad Safiq Rosli being brought into the Shah Alam court complex on Wednesday (Dec 20). On Dec 15, he pleaded guilty to stalking and harassing photogapher Acacia Mardiana Daud on social media. — Photo: RAJA FAISAL HISHAN/ The Star

SHAH ALAM: The sentencing of a man for stalking, under the newly crafted Section 507A of the Penal Code, has taken an unexpected detour.

The prosecution said it would want its objection recorded if Mohamad Shafiq Rosli was sentenced without a full trial.

The prosecution said it did not want the accused's admission of guilt enabling him to use insanity as a defence, under Section 347 of the Criminal Procedure Code, to escape imprisonment and fine.

ALSO READ: Man who stalked, harassed photographer to be sentenced Dec 20

Mohd Safiq had undergone evaluation at the Hospital Bahagia Ulu Kinta.

DPP Zilfinaz Abbas told the court that the accused had undergone a test for medical insanity but not legal insanity.

"We have no objection if he pleads guilty without the defence of insanity," she said.

Mohamad Safiq's defence counsel Fithril Hakim Ab Jalil said he wanted it to go on record that pleading insanity was not an attempt for Mohamad Safiq to escape culpability.

ALSO READ: Accused stalker changes plea to guilty

"Justice is not served if he is imprisoned.

"If he is sent to a mental hospital, there is a chance of rehabilitation where he can get treatment, counselling and psychotherapy," said Fithril Hakim.

Mohamad Safiq, 37, was charged for stalking a 31-year-old Acacia Marfiana Daud on social media platform X which was formerly known as Twitter.

He was charged and punished under the newly crafted Section 507A of the Penal Code at the Magistrate's Court here on Wednesday (Dec 20).

ALSO READ: Stamping out stalkers and spycams

The anti-stalking law which came into effect in May this year provides a maximum of three years imprisonment or a fine or both.

Mohamad Safiq had initially pleaded not guilty when charged in Aug but changed his plea to guilty on Dec 15.

He had pleaded guilty of repeatedly stalking Acacia Mardiana on her X account @ShaFoShizzle through his X account @sopert99.

ALSO READ: Victims of relentless stalking are in constant trauma

He was initially supposed to have been sentenced Dec 19 but the relevant authority had 'forgotten' to bring him to court on that day.

Mohamad Safiq had apparently stalked and harrased the victim for years and had even trailed her to the United Kingdom.

Magistrate Sasha Diana Sabtu adjourned the case to 11.30am.

When the hearing resumed, Magistrate Sasha Diana ruled that the court cannot accept Mohamad Safiq's guilty plea given his forensic psychiatry report.

She fixed Jan 5 for mention of case and submission of documents.

However, Mohamad Syafiq's lawyer Fithril Hakim requested that his client be sentenced on Wednesday without the case having to go for a full hearing.

He added that the defence will not be using insanity as a defence.

Sasha Diana adjourned the case to 1.30pm.

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