KUALA LUMPUR – The first individual in the country charged with online stalking in a high-profile case has been granted RM20,000 bail by the Shah Alam magistrates’ court.
Speaking to Scoop, lawyer Jason Wee, who appeared as the stalking victim’s watching brief, revealed that magistrate Sasha Diana Sabtu granted bail to Mohamad Safiq Rosli with three sureties at November 9’s proceeding.
The accused was also ordered to surrender his international passport to the court and required to report to the nearest police station every two days.
Wee confirmed that the magistrate has also ordered Safiq to strictly obey the interim protection order, which she granted to the victim on August 10, when the accused was charged with the crime.
The interim protection order restrained Safiq from going anywhere near the victim or anybody related or associated with the victim, as well as restricting any form of communication until the case ends.
Wee, however, said that he is not in a position to confirm whether Safiq has posted bail.
Prior to the magistrate’s decision to grant the said bail, Wee said that he, along with deputy public prosecutor Zilfinaz Abbas, had argued their objection.
However, he said the magistrate granted the bail as the charge is still a bailable offence, and therefore the accused has the right to post bail.
The 37-year-old accused was charged in court on August 10 of this year for repeatedly harassing Acacia Mardiana Daud on social media platform X, formerly known as Twitter. The charge sheet deemed that Safiq should have known that his act would incite fear in the alleged victim.
He was the first individual in the country to be charged under Section 507A of the Penal Code, which carries a maximum sentence of three years in jail, a fine, or both upon conviction.
On the day Safiq was charged, the magistrate denied him bail and sent him for a month-long psychiatric evaluation at Hospital Bahagia in Ulu Kinta, Perak.
“The evaluation report came back, and the psychiatrist who examined him at Hospital Bahagia confirmed that he suffered from schizophrenia at the time of the offence.
“However, the report also stated that he is fit to stand trial. Therefore, the magistrate then scheduled a day to call the psychiatrist for a better explanation of the report.
“We were also informed that the accused, through his lawyer, has filed to have the charge dropped,” Wee said.
He further explained that the lawyer, Fithril Hakim Ab Jalil, had previously filed for an acquittal of the criminal charges levelled against Safiq on the account that he is mentally unsound.
Wee said the application, submitted under Section 348 of the Criminal Procedure Code, underlined reasons for unsound mind and that the accused wanted to be put in a safe institution.
He also confirmed that the magistrate had fixed the case mention date for December 15.
The case made the headlines when Acacia took to her social media platforms to share her harrowing experience.
In the victim’s exposé, she shared details of alleged harassment from Safiq that began in 2016. She said some of the online harassment also came in the form of lewd photos and expressions that they were “in love”.
She also alleged that Safiq had stalked her all the way to the United Kingdom previously, which led to her lodging a report with the UK authorities.
This prompted them to arrest Safiq and charge him in court for harassment. However, she said that Safiq had not had his day in court as he fled the UK and returned to Malaysia prior to him being charged here. – November 11, 2023