Man In Malaysia’s First Stalking Case Found To Be Of Unsound Mind, Sent To Mental Hospital
The accused was of unsound mind at the time of the incident and was found not guilty on grounds of insanity.
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The nation’s very first stalking case under the new anti-stalking law concluded yesterday at the Shah Alam magistrate’s court.
The accused, Mohd Safiq Rosli, was charged with stalking photographer Acacia Mardiana Daud for over eight years.
The court, after a day-long trial with three witnesses, determined Safiq was mentally unsound during the stalking offence, as per Section 507A of the Penal Code.
But while he was initially punished under the newly crafted Section 507A (1) of the Penal Code, he has been found not guilty of the offence.
He avoids prison time but is mandated for treatment at Hospital Bahagia Ulu Kinta, Tanjung Rambutan — detained at the pleasure of Selangor Sultan.
Not mentally well
Magistrate Sasha Diana Sabtu noted that the accused was not guilty on the grounds of insanity.
“The prosecution has successfully proved that the accused had stalked photographer Acacia Mardiana Daud.
“However, he did not know the nature and consequences of the offence as he was unsound of mind at the time,” said Diana after hearing the submission from the prosecution and defence.
As such, the defence successfully invoked Section 84 of the Penal Code.
Lawyer Firthril Hakim Ab Jalil asserted an insanity defense under Section 87, supported by Dr. Ian Lloyd Anthony.
The Hospital Bahagia’s consultant forensic psychiatrist proved that Mohamad Safiq had schizophrenia.
Hence, he was unaware of the nature and consequences of his actions when he committed the crime on 15, 17, and 21 July.
“He suffered from multiple delusions, the main delusion being delusion of love, also known as erotomania, a person experiencing this type of delusion believes that somebody else is in love with him,” explained Dr. Anthony.
From the UK back to Malaysia
Safiq was originally slated to face charges in the United Kingdom, breached bail, and returned to Malaysia.
Initially charged on 10 August, Safiq’s guilty plea on 15 December was rejected, leading to a full trial. The magistrate considered Safiq’s medical report, indicating potential unsoundness of mind during the offense.
Acacia Mardiana Daud, the victim, detailed the stalking’s impact, revealing a longstanding ordeal since she was 23.
Apart from physical stalking, she was bombarded with incessant love and lewd messages, even after blocking him on Twitter.
“I was frightened of him and this has severely affected my mental state.
“He has even spoken about wanting to taste my soul and has wasted eight years of his life to disturb me,” she said in a statement that was read by her lawyer Jason Wee.
Malaysia’s response to such incidents has been reinforced by Section 507A of the Penal Code, criminalising stalking both in person and online since 31 May.
The law encompasses various actions, from physical tracking to online communication, with the key element being the intent to cause distress, fear, or alarm to the victim’s safety.
Under Section 507A of the Penal Code, stalking is criminalized, allowing for imprisonment, fines, or both. Section 84 dictates acquittal if the accused was of unsound mind during the act, leading to hospital admission under Section 348.
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