[UPDATED] First cyberstalking convict escapes jail, sent to mental institution instead

SHAH ALAM – Malaysia’s first cyberstalking court case has concluded with the accused sent to Hospital Bahagia Ulu Kinta instead of jail.

Mohd Safiq Rosli was found to have committed the crime of cyberstalking Acacia Mardiana Daud.

However, Magistrate Sasha Diana Sabtu accepted his insanity plea. 

She issued her decision after hearing the testimony of the defence witness, Ulu Kinta consultant forensic psychiatrist Dr Ian Lloyd Anthony, earlier today.

“The court finds the accused did commit the offence. However, based on the defence witness’ testimony, and having considering the mental health of the accused, the court acquits and discharges the accused under Section 347 of the Criminal Procedure Code. 

“And with this, the court invoked Section 348 of the same Code, in ordering for the accused to be sent for Hospital Bahagia for as long as Sultan of Selangor allows,” she said.

Safiq, 37, was charged and claimed trial on August 10 last year under Section 507A of the Penal Code which carries a maximum sentence of three years in jail, a fine or both upon conviction. 

The charge sheet stated that Safiq, also known as ‘Sopert’ in Acacia’s social media posts, should have known his actions would incite fear in the victim. 

However, on December 15 last year, he changed his plea to ‘guilty’.

Due to these plea changes, the court today held his trial and judgement in one sitting.

Before judgement, psychiatrist Anthony told the court that Safiq did not realise his act was an offence as he was of unsound mind and had multiple delusions, including of love by a person of a higher status, a condition known as “erotomania”.

“This delusion began almost eight years ago and had evolved over a period of time. And because of this delusion, his entire life was made to centre around the victim’s life. 

“He made it his duty to know every single detail about the victim with regard to her personal life and work, as well as likes and dislikes. 

“He believed that they were in a romantic relationship but in actual fact, it was only a one-way communication relationship,” Anthony said. 

“He could not understand the fact that his actions were tantamount to the act of stalking, and rendered him incapable of knowing or understanding the crime,” the psychiatrist added.

Anthony added that Safiq will require treatment that is a combination of intensive psychotherapy and antipsychotic medication, and that Safiq prior to being charged never knew he suffered from mental illness as he had never been diagnosed.

Lawyer Jason Wee, who held a watching brief for the victim, read out her impact statement, which detailed her suffering from Safiq’s stalking for eight years.

She said she had to ensure hearing Safiq talk inappropriately about her private parts and wanting to ‘taste her soul’. 

“He has wasted eight years of his life, to disturb my life. I am scared. Sometimes I wake up at night, terrified that someone might be waiting outside my door. 

“I am scared to share my happy moments online because he will see my photo and pleasure himself. 

“The only thing that can protect me is the law. I begged you, please, please make him stay away from me forever. Please make sure he never disturbs me for the rest of my life.” 

The case made headlines when Acacia took to her social media platforms to share her harrowing experience that included lewd photos and claims that they were “in love”.

She also alleged that Safiq had stalked her all the way to the United Kingdom, which led to her lodging a report with UK authorities. – January 17, 2024