SHAH ALAM: He should have been sentenced yesterday after pleading guilty to stalking a 31-year-old woman in the first such case in Malaysia.
But following a plot twist or three, Magistrate Sasha Diana Sabtu rejected Mohamad Safiq Rosli’s guilty plea and said a full trial must take place.
The scheduled sentencing went awry yesterday after the prosecution protested against not having a trial as it would pave the way for the accused to plead insanity.
The defence then said it would not use insanity as a plea but still wanted Mohamad Safiq, 37, to be sentenced.
Later in the day, the defence counsel went back on that and said their client wanted a trial as well and would be using a plea of insanity as his defence.
Sasha Diana then set Jan 17 next year for Mohamad Safiq’s trial.
The accused is the first person in the country to be charged under the newly-crafted Section 507A of the Penal Code, for stalking and harassing photographer Acacia Mardiana Daud.
The anti-stalking law that came into effect in May this year provides a maximum of three years imprisonment or a fine, or both.
“After taking into consideration the submission of both parties (the prosecution and the defence), I decline to accept the accused’s guilty plea,” said Sasha Diana.
Mohamad Safiq had initially claimed trial when charged in August, but changed his plea on Dec 15.
Sasha Diana rejected Mohamad Safiq’s guilty plea following deputy public prosecutor (DPP) Zilfinaz Abbas’ contention that the prosecution wanted its objection on record if the accused was sentenced without a full trial.
She said the psychiatric evaluation report issued by Hospital Bahagia in Ulu Kinta, Perak, stated that Mohamad Safiq was mentally unsound when committing the offence. Hence, his guilty plea was unconditional and this was not legally permissible.
The prosecution said it did not want the accused to use insanity as a defence under Section 347 of the Criminal Procedure Code (CPC) to escape imprisonment and a fine.
“We have no objection if he pleads guilty without the defence of insanity,” she said.
Zilfinaz added that the onus was on Mohamad Safiq to prove that he was indeed mentally unstable and had no mens rea (intention or knowledge) when stalking and harassing the victim.
Mohamad Safiq’s defence counsel Fithril Hakim Ab Jalil said that pleading insanity was not an attempt for his client to escape culpability.
“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,” he said.
Fithril Hakim added that Mohamad Safiq could be held at a mental healthcare facility at the pleasure of the Selangor Ruler in line with Section 348 of the CPC.
He also said the prosecution’s protest against his client pleading insanity to seek treatment was “an abuse of process”.
The proceedings were adjourned for a short while for the magistrate to make her decision, but when it resumed, Fithril Hakim said the defence wanted sentencing to be meted out on that day itself (yesterday) without a trial.
He added the contentious insanity plea will not be used to defend Mohamad Safiq.
The proceedings were once again adjourned, but when it resumed slightly over an hour later, Fithril Hakim dropped the bombshell that the defence now wanted a trial.
“After discussing with the accused and his family members, we have decided to go with the plea of insanity,” he said.
Fithril Hakim then asked if the trial could be concluded in one day and his client sentenced on that same day.
DPP Zilfinaz said all documents were ready and could be submitted to the court immediately and the trial could be concluded in one day if everything went smoothly.
Sasha Diana then added that sentencing too could be done on the same day.
The victim Acacia Mardiana and two others are expected to be called to testify via written statements in an online proceeding on Jan 17.
Mohamad Safiq had initially pleaded not guilty when charged in August, but changed his plea to guilty on Dec 15.
He had pleaded guilty to repeatedly stalking Acacia Mardiana on her X account @ShaFoShizzle through his account @sopert99.
He was initially supposed to have been sentenced on Dec 19, but the relevant authority had forgotten to bring him to court on that day.
He had been granted bail amounting to RM20,000 when charged in August but had not put up the money and hence has been under detention since.
Sasha Diana reminded Mohamad Safiq that he can post bail to be released from custody.
