A 37-year-old man has been acquitted and discharged from the crime of stalking by the Shah Alam Magistrates’ Court on the grounds that he was of unsound mind when he committed the offence.
Magistrate Sasha Diana Sabtu ruled that Mohamad Safiq Rosli, the first person charged under Section 507A(1) of the Penal Code, Safiq did not realise that his actions were against the law when he repeatedly stalked and harassed photographer Acacia Mardiana Daud on social media.
“The court found that the accused did commit the offence. However, based on the defence witness’ testimony, and having considered the mental health of the accused, the court acquitted and discharged the accused under Section 347 of the Criminal Procedure Code,” she said after hearing submissions in court today.
“And with this, the court invokes Section 348 of the same Code, in ordering for the accused to be sent to Hospital Bahagia Ulu Kinta for as long as the Selangor sultan allows,” she said.
Section 347 deals with acquittal 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.
Section 507A(1) of the Penal Code, which came into force on May 31 last year, defines stalking as repeated acts of harassment intended or likely to cause distress, fear, or alarm to any person.
Sasha’s decision came after the court heard the testimony of defence witness Ulu Kinta consultant forensic psychiatrist Dr Ian Llyod Anthony earlier.
Ian testified during the trial earlier today that he diagnosed the accused with schizophrenia and that Safiq was under the “delusion of love” or erotomania and “delusion or grandiosity” when he committed the offences.
Multiple delusions
In his testimony earlier, Ian said Safiq’s mental disorder at the time of the offences was predominantly delusional in nature, where he had multiple delusions.
“This delusion began almost eight years ago and had evolved over a period of time. And because of this delusion, his entire life was made to centre around the victim’s (Acacia) life.
“He made it his duty to know every single detail about the victim with regard to her personal life and work, as well as her likes and dislikes.
“He believed that they were in a romantic relationship but, in actual fact, it was only a one-way communication relationship, because she never reciprocated,” he said.
Apart from that, Ian also said that Safiq believed that he was able to “influence” worldly affairs such as the Israel-Palestinian war as well as the Russian invasion of Ukraine.
The accused, he said, also developed paranoid delusions, where he believed that he was constantly being observed by CCTVs.
“He could not understand that his actions, not just those charges stated, but also his behaviour towards the victim, in the last eight years, had caused her (Acacia) psychological distress even though he had feared for her personal safety.
“This was because of his delusional belief, which was reinforced in his own mind that he had to protect her at all costs. He (also) could not understand the fact that his actions were tantamount to the act of stalking.
“Hence, I am of the opinion that his schizophrenia, which caused cognitive impairment to such an extent, had rendered him incapable of knowing or understanding that what he was doing was tantamount to stalking.”
He also said that Safiq will require a combination of antipsychotic medication and intensive psychotherapy.
During cross-examination by deputy public prosecutor Analia Kamaruddin, Ian said Safiq was unaware of his mental illness since he had never gotten any specific treatment or prescribed any medication for it.
‘He wanted to taste my soul’
Meanwhile, lawyer Jason Wee - who held a watching brief for Acacia - read out the victim impact statement on her behalf before the court delivered the sentence.
Acacia, through the statement, detailed her nearly eight-year ordeal of being stalked by Safiq how she had to endure lewd messages about her private parts and how the accused wanted to commit inappropriate acts towards her.
“He has made his intentions clear that he means to find me, that he needs me. He has spoken about one thing - to ‘taste my soul’. He has wasted eight years of his life to disturb my life.
“I am scared and I am scarred. Sometimes I wake up at night, terrified that someone might be waiting outside my door.
“For eight years, I have cried for help. I am scared to share my happy moments online because he will see my photo and pleasure himself.”
She said the only thing that can protect her is the law, expressing fear that if Safiq were to be a free man, he would continue to disturb and find her.
“That will be the end of my life.”
Followed to UK
On Aug 10 last year, Safiq, who is a part-time event management consultant, was charged with stalking photographer Acacia by repeatedly harassing the latter on X.
Safiq was the first person to be charged with the offence under Section 507A(1) of the Penal Code. He claimed trial then.
However, the accused changed his plea to guilty on Dec 15 and admitted to stalking Acacia by repeatedly harassing the latter through three communications on his X account in July.
The case went viral when Acacia took to X last July to share her harrowing experience and details of the alleged harassment from Safiq, which she said began in 2016.
She claimed Safiq also sent lewd photographs of himself to her.
The accused allegedly trailed Acacia to various locations such as a fast food restaurant and even to her house.
He also allegedly stalked the victim by following her to the UK. - Mkini
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