SHAH ALAM, Dec 20 — Mohamad Safiq Rosli, 37, is the first man to be charged with stalking in Malaysia and was supposed to be sentenced at the Magistrate’s Court here today after he changed his plea to guilty last week.

However, the case took a twist when Magistrate Sasha Diana Sabtu rejected his guilty plea and ordered a full trial to be held instead.

“The court cannot accept this guilty plea,” she said in delivering her decision.

She noted that the medical report from the psychiatric evaluation she had previously ordered Safiq undergo when he was first charged in August, said the accused may have been of unsound mind when the act was committed.

She noted that this would result in the defence pleading insanity in the trial, which was the prosecution’s stand at the start of this morning’s hearing.

Deputy Public Prosecutor Zilfinaz Abbas argued that the accused could be fully acquitted by claiming insanity – the grounds of which are laid out under Section 347 of the Criminal Procedure Code, and which allows the court to decide whether he was legally of unsound mind at the time the act was committed, or not.

But lawyer Firthril Hakim Ab Jalil, who represented the accused, argued that his client would not plead insanity.

“We are not pleading for insanity,” he said after the magistrate made the order for a full trial.

The court is currently in recess and will resume after a lunch break.

Earlier, Firthril had argued that his client’s guilty plea should be allowed to remain when the prosecution sought a full trial.

The defence lawyer said that it is better for Sadiq to undergo rehabilitation as soon as possible instead of a lengthy trial.

National news agency Bernama reported on December 15 that Sadiq had pled guilty after being certified fit to plead and fit for trial by a doctor.

He was supposed to be sentenced yesterday, but it was postponed due to procedural irregularities.

Sadiq, who worked as a graphic designer, was first charged with stalking photographer Acacia Mardiana Daud, 31, on August 10 under Section 507A of the Penal Code.

He originally pled not guilty to the accusations that he harassed Acacia online through three messages on X – formerly Twitter – in which he expressed his love for her.

Back then, the magistrate ordered Safiq to undergo a psychiatric evaluation at Hospital Bahagia in Tanjung Rambutan, Perak .

Prior to his charging, Sadiq was supposed to appear in a court in the United Kingdom to be charged there, however he breached his bail and fled back to Malaysia.

His victim told The Star in an interview published on the same day as his charging, that she had been stalked by the man since 2016, and that the latter had even stalked her all the way to the UK when she was studying there after failing to find her at her home in Malaysia.

Section 507A of the Penal Code criminalises stalking, whether in person or online and came into force on May 31.

The new anti stalking law can be applied after there is more than one incident of following or tracking physically or online, communicating or attempting to communicate, loitering around the place of business or home of a person, giving or sending anything through any medium to a person.

However, it must be coupled with the intention of causing or knowing to cause distress, fear, or alarm to the person’s safety.

Those convicted under Section 507A can be sentenced to jail for a maximum of three years, a fine, or both. - malaymail