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Court rules stalker Safiq of unsound mind, commits him to mental hospital

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Magistrate rules that the defence had successfully shown that Safiq Rosli was of unsound mind at the time of the incident.

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Safiq Rosli was the first person to be charged under Section 507A(1) of the Penal Code for stalking. (Bernama pic)

SHAH ALAM:
The magistrates’ court here has ruled that although a former freelance designer had stalked his victim, he was not guilty of the offence on grounds of insanity.

After hearing the testimony of witnesses, magistrate Sasha Diana Sabtu said the prosecution had successfully proved that the accused Safiq Rosli had stalked photographer Acacia Mardiana Daud.

“However, he did not know the nature and consequence of the offence, as he was of unsound mind at the time,” she said.

As such, the court ruled that the defence had successfully proved that Safiq was of unsound mind within the meaning of Section 84 of the Penal Code.

Section 84 provides that “nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.”

Diana ordered that Safiq be kept at the pleasure of the Selangor ruler in Hospital Bahagia, Ulu Kinta, Perak in accordance with Section 348 of the Criminal Procedure Code.

Safiq was charged with sending three messages on X (formerly Twitter) between 1.40am on July 15 and 5.58pm on July 21 last year despite knowing that his actions would likely cause distress or fear to Acacia.

He was the first person charged under Section 507A(1) of the Penal Code, which makes stalking, whether carried out virtually or otherwise, an offence punishable by imprisonment of up to three years, a fine, or both.

Earlier in the afternoon, Diana ruled that the prosecution had established a prima facie case in respect of all three charges and ordered Safiq to enter his defence.

However, the accused opted to remain silent.

Defence witnesses and consultant forensic psychiatrist Dr Ian Lloyd Anthony testified that the accused was suffering from schizophrenia.

“It is characterised by symptoms like delusion and accompanied by disorganised behaviour,” he said.

Ian said Safiq’s mental state last July was predominantly delusional as he believed Acacia to be in love with him since 2016.

“The accused believed he and Acacia were in a romantic relationship, but it was a one-way relationship,” he said, adding that the accused was also obsessed with the victim and believed she had to be protected.

Ian said Safiq also did not understand that his actions were unlawful.

Safiq needs medication and psychotherapy as the symptoms have been present for a long time.

“Psychotherapy could be made available at a hospital,” Ian added.

Deputy public prosecutor Zilfinaz Abbas told the court that stalking was a serious criminal offence.

“The conduct of the accused put the victim in acute trauma,” she said. She urged the court to impose an appropriate sentence.

Counsel Fithril Hakim Ab Jalil submitted that the defence had proved the accused was insane at the time the offence was committed. He said it was best for Safiq to be in a hospital.

Lawyer Jason Wee, holding a watching brief for Acacia, referred to the victim’s impact statement in which she said was terrorised by the conduct of the accused over the last eight years.

“He stalked her at home, at her workplace, and through social media platforms. She is scared and scarred,” he said.

Wee said Acacia was frightened to socialise and was very wary of strangers.

He said the accused had also sexually abused her by revealing his private parts and making postings of him ejaculating.

The lawyer said Acacia left for the United Kingdom but Safiq spent months travelling there to locate her and was smart enough to evade the authorities there.

“She cried for help and felt helpless,” said Wee.

He said Acacia wanted Safiq to be removed from her life or else he would continue to stalk her.

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