First man charged under Malaysia’s anti-stalking law gets off with insanity plea

SHAH ALAM – A man who became the first person to be charged under Malaysia’s anti-stalking law for

stalking a woman for eight years

was acquitted and discharged by a Magistrate’s Court on Jan 17.

Mohamad Safiq Rosli, 37, who had allegedly stalked photographer Acacia Mardiana Daud, 31, was ordered to be held at Hospital Bahagia Ulu Kinta in Perak at the pleasure of the Sultan of Selangor.

This means that Mohamad Safiq could be held indefinitely at the mental healthcare facility until an application is made to seek the Selangor ruler’s consent for his release.

Had he been punished for the charge under the new law, Mohamad Safiq would have faced a jail term not exceeding three years or a fine or both.

In delivering her decision on Jan 17, magistrate Sasha Diana Sabtu said while the prosecution managed to prove that Mohamad Safiq had indeed committed a crime, the defence managed to successfully argue that he was of unsound mind when doing so.

The defence of insanity states that “nothing is an offence” when committed by a person who is mentally ill and unaware that he or she is committing a crime.

Mohamad Safiq chose to remain silent when the judge asked him to enter his defence after ruling that the prosecution had succeeded in establishing a prima facie case against him.

He was accused of stalking Ms Acacia Mardiana via her social media platform X handle @ShaFoShizzie through his handle @sopert99.

The charges were based on police reports about three love messages sent by him to Ms Acacia Mardiana on June 15, 17 and 21 in 2023 that were tendered as evidence.

In the three messages, Mohamad Safiq declared his love for Ms Acacia Mardiana.

The photographer, who testified over Zoom, said that the stalking adversely affected her future.

“I underwent terrible trauma and feared for my health and safety. I dared not go out and it affected my work and daily activities and ruined my future. I lived in fear,” she added.

The defence’s only witness, forensic pathologist Ian Lloyd Anthony, when cross-examined, said Mohamad Safiq was diagnosed as suffering from schizophrenia during his mental evaluation.

“This mental disorder is a serious disorder and is characterised by symptoms such as delusions and hallucinations and may be accompanied by bizarre or disorganised behaviours,” he said.

Dr Ian Lloyd said the accused’s mental state at the time of the evaluation was predominantly delusional in nature and he also had multiple delusions, with the main one being delusion of love.

“The accused firmly believed that the victim was in love with him and he was in love with her. This illusion took place eight years ago and grew over time.

“He believed that they were in a romantic relationship when in actual fact it was a one-way relationship as she never reciprocated,” he said.

He added that schizophrenia requires lifelong treatment but individuals can achieve remission with medication as well as appropriate therapy.

In Mohamad Safiq’s case, he must be treated with medication and psychotherapy and the latter is only available at a hospital facility, said Dr Ian Lloyd.

Meanwhile, in her victim impact statement, Ms Acacia Mardiana said she was harassed and terrorised by the same man from the time she was 23 years old.

“He has wasted eight years of his life to disturb my life. I am not the person I used to be,” she said in the statement, which was read out by lawyer Jason Wee, who was holding a watching brief for her.

Ms Acacia Mardiana added that she cried out for help for eight years, feeling hopeless and fearing for her life as the accused was obsessed with her and did not stop looking for her even after she moved to Britain.

“The only thing that can protect me is the law. I beg you to please make him stay away from me forever.

“If he becomes a free man at the end of the sentence, I know he will continue to find me and that will be the end of my life,” she said. THE STAR/ASIA NEWS NETWORK