B. Sathiskumar arriving at the KL Court Complex on Tuesday (July 16). — FAIHAN GHANI / The Star
KUALA LUMPUR: Two individuals have been brought to the Sessions and Magistrate's Courts here over communication offences on TikTok linked to the death of social media influencer A. Rajeswary, better known as Esha.
One of them, lorry driver B. Sathiskumar, pleaded guilty to a charge of posting lewd comments on TikTok using the profile "@dulal_brothers_360" with the intention to annoy others at 10.12pm on June 30.
The 44-year-old was charged under Section 233(1)(a) of the Communications and Multimedia Act (CMA) 1998 and faces a fine of up to RM50,000 or imprisonment of up to one year or both, with an additional fine of RM1,000 for each day the offence continues after conviction.
Sathiskumar also faced a second charge of posting lewd comments with the intention to outrage the modesty of Esha's mother, PR Puspa, 56, at 10.15pm on the same day.
The offence is framed under Section 509 of the Penal Code, which provides for imprisonment of up to five years or a fine or both, upon conviction. Sathiskumar claimed trial to the second charge.
DPP Mohd Sabri Othman said what the accused had done was cyberbullying, causing severe emotional stress to the victim.
"In this case, a victim was found dead after the lewd communication was posted by the accused," he said.
DPP Mohd Sabri added that the case had garnered significant public attention, including from the government and NGOs, and he pressed for a high bail amount. The DPP offered RM25,000 in one surety for each of the charges.
Sathiskumar, who was unrepresented, told the court his wife is a disabled person and he has three children, two of whom are still studying. He said he earns about RM1,000 monthly from driving a lorry and suffers from chest pains, diabetes, and high blood pressure.
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Sessions Court judge Siti Aminah Ghazali fixed bail at RM36,000 for both cases. She also ordered the accused to surrender his passport to the court until the disposal of his case and to report to the police station monthly.
As Sathiskumar had claimed trial to the second charge and wanted legal representation, Siti Aminah postponed the sentencing for the first charge, where he pleaded guilty under Section 233(1)(a) of the CMA, to give him time to find a lawyer. The case is set for mention on Aug 16.
Meanwhile, at the Magistrate's Court, the owner of a private psychiatric care nursing home was fined RM100 in default of seven days imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.
Magistrate S. Arunjothy handed the sentence to Shalini Periasamy, 35, after she pleaded guilty to the offence committed via her TikTok account "alphaquinnsha" at around 4.10am on July 1. She was charged under Section 14 of the Minor Offences Act, which provides a maximum fine of RM100 upon conviction.
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According to the statement of facts, the complainant, a social activist, had come across Shalini’s TikTok account, where she had defamed Esha and made several threats to harm her in an intimidating tone.
Shalini had also gone live on TikTok, making threats against those who opposed her, which led Esha to lodge a police report.
DPP Nur Hafiezah Mohamed Fauzi prosecuted. Esha was found dead in a condominium unit in Setapak on July 5, a day after lodging a police report at the Dang Wangi police station here over threats made against her.
Those suffering from mental health issues or contemplating suicide can reach out to the Mental Health Psychosocial Support Service (03-2935 9935 or 014-322 3392); Talian Kasih (15999 or 019-261 5999 on WhatsApp); Jakim's Family, Social and Community care centre (011-1959 8214 on WhatsApp); and Befrienders Kuala Lumpur (03-7627 2929), visit www.befrienders.org.my/centre-in-malaysia for a complete list of numbers and operating hours, or email sam@befrienders.org.my.
