PETALING JAYA: The plea of insanity by the defence in the first stalking case in the country brought to trial under the newly-crafted Section 507A of the Penal Code should not come as a surprise as it was expected, say legal experts.
Litigation lawyer Daljit Singh said the case was still about stalking and Section 507A, but the focus has shifted to the possible punishment with the accused having pleaded guilty.
“The accused raised insanity as part of his guilty plea, which was objected to by the deputy public prosecutor (DPP), hence the dilemma.
“The DPP’s argument is that it has to be legal insanity, as such there are steps to be taken to determine whether the accused suffers legal insanity,” he told The Star in response to the twist in the case against Mohamad Safiq Rosli yesterday at the Shah Alam Magistrate’s Court.
He explained that the test for insanity under Section 84 of the Penal Code is a legal and not a medical test.
Legal insanity under Section 84 is related to factors that impair the cognitive faculties of a person.
It must make the offender incapable of knowing the nature of his act, or that what he is doing is wrong or contrary to the law.
Dajlit said even though this was the first case brought under the new anti-stalking law, it still needed to be fair should other similarly-accused persons require help in cases involving genuine legal insanity. He said just because it is a new law, it does not mean punishment must be meted out.
“Justice must be done, not only seen to be done, because if a person is really suffering from mental illness, there must be proper measures put in place to help them,” he said.
“There is also this common misconception among the public that those holding a disabled person’s card automatically allows them to raise legal insanity (as a defence).”
Lawyer Datuk Wan Azmir Wan Majid echoed the sentiment, saying that pleading insanity is a legitimate defence under the law.
“The reasoning behind such a law is not to punish those who are mentally ill, but to treat them to recovery. Such a defence is available not only to stalking but to all offences under the Penal Code.
“The case went to trial as he pleaded not guilty initially, and legal unsoundness is different from being medically unsound. So the defence has added an extra defence to their case,” he said.
Human Rights Commission of Malaysia commissioner Ragunath Kesavan said the law was still an important development as it criminalises harassment via social media.
He said it was important for the criminal justice system to move in tandem with current needs and challenges.
With the explosion of social media as a tool for communication, it has also created new forms of crimes which were difficult to police without specific laws, Ragunath added.
That being the situation, most people welcome the additional provision to deal with stalking.
“However, awareness of this law and the protection it provides must be carried out especially among the public to ensure they know that stalking is a crime.
“The importance of education in the law will ensure greater social responsibility. However, since it is new, it will take time to see its effectiveness – nonetheless, this is a good start,” said Ragunath.
Former law minister Datuk Mas Ermieyati Samsudin, who had tabled the Anti-Stalking Bill, was happy to see the first case brought to court.
She hoped the punishment meted out as per the law would serve as a lesson to perpetrators of such crimes.
“This will help give exposure to others that stalking is a crime and more people will be aware of this.
“The government should carry out more engagements on stalking, especially among university and school students, as well as the general public.
“Greater awareness will ensure that more people take this matter seriously instead of just trying to brush it off lightly,” she added.
Mas Ermieyati also highlighted the written response on Nov 7 from the Home Ministry in the Dewan Rakyat on the number of cases recorded on stalking and protection order (PO) issued.
The ministry said nine investigation papers were opened, of which two were opened in July and the rest in August.
Only one PO was issued and one investigation paper was opened under Section 509 of the Penal Code with the case charged under Section 507A.
The Dewan Rakyat passed the Anti-Stalking Bill in March this year. Its first reading was on Aug 4, 2022.
