SHAH ALAM: A 37-year-old man who allegedly harassed a female photographer over a period of eight years has been hauled to a Magistrate's Court here and charged under the new anti-stalking law.
Mohamad Safiq Rosli, a freelance designer, was brought into the courtroom in handcuffs.
Wearing a green long-sleeved shirt and a black face mask, the accused pleaded not guilty to the charge after it was read out before Magistrate Sasha Diana Sabtu here on Thursday (Aug 10).
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According to the charge sheet, Mohamad Safiq is alleged to have repeatedly harassed Acacia Mardiana Daud, 31, by sending communication to her Twitter account whereby the accused should know that the harassment could incite fear in the victim.
The communication, which contained his expression of love to the victim, was then read at a premises in Shah Alam.
The accused allegedly committed the offence using his Twitter account between 1.40am on July 15 and 5.58pm on July 21.
Mohamad Safiq was charged under Section 507A(1) of the Penal Code for stalking, punishable under Section 507A(3) of the Penal Code.
He faces imprisonment of up to three years or a fine or both if convicted.
Deputy public prosecutor Zilfinaz Abbas did not offer bail although the accused was charged with a bailable offence.
"I've been instructed not to offer bail as the accused has a history of jumping bail in the United Kingdom (UK).
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"He was arrested by British police in April and released on bail pending a court appearance on June 2 but he skipped the court date by returning to Malaysia," the prosecutor said, adding that Mohamad Safiq has been blacklisted in the UK.
Lawyer Fithril Hakim Ab Jalil, who represented Mohamad Safiq, did not object to the prosecution's refusal to offer bail.
DPP Zilfinaz also made an application for the accused to be sent to Hospital Bahagia Ulu Kinta in Tanjung Rambutan to be observed under its forensic psychiatric unit.
She said prior to the court proceedings, the accused was picked up by the investigating officer at the psychiatric ward at Hospital Kuala Lumpur, where he was admitted by his family in July.
Lawyer Jason Wee, who held a watching brief for the victim, made an ex-parte application under Section 98A of the Criminal Procedure Code for a protection order for his client.
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"We pray this order (is) given on the basis (of avoiding) further harassment and also due to safety concerns whereby the accused had flown all the way to the UK to continue such an act against the victim.
"We humbly pray to restrain the accused from going anywhere near the victim and also not to communicate in any means to the victim until the conclusion of this case," Wee said.
Magistrate Sasha Diana allowed the prosecution's application to admit the accused for observation in Hospital Bahagia Ulu Kinta and said that bail would be decided after the observation is completed.
"The court also allows the protection order for the victim," she said.
The court fixed Sept 7 for mention.