Magistrate Sasha Diana Sabtu ruled that the court could not accept Safiq Rosli’s change of plea as his admission to committing the crime was conditional.
“A trial has to be held,” she said in allowing a preliminary objection by the prosecution.
Safiq, 37, claimed trial when first charged but decided to plead guilty last week.
Sasha was scheduled to pass sentence today.
However, deputy public prosecutor Zilfinaz Abbas today raised an objection to the change of plea, pointing out that a medical report issued by a consultant psychiatrist from Hospital Bahagia revealed that Safiq was of unsound mind when the alleged offence was committed.
“In the same breath, the doctor also stated that the accused was fit to stand trial,” she said.
Zilfinaz said Safiq’s claim that he was suffering from mental illness at the time the offence was committed rendered his plea of guilt conditional, which is not permitted in law.
Zilfinaz, who was assisted by Analia Kamaruddin, said the burden was on Safiq to prove that he was suffering from mental disorder.
Lawyer Fithril Hakim Ab Jalil submitted that the court could find his client guilty of the offence and place Safiq in a hospital as he was of unsound mind.
“He could be held at the pleasure of the Ruler under Section 348 of the Criminal Procedure Code and seek better treatment in a hospital. It is not fair to send him to prison,” he added.
The lawyer said the prosecution’s objection was an abuse of process.
“They are the ones who sent my client for a psychiatric observation and now do not accept the report,” he said.
Safiq is alleged to have committed the offence between 1.40am on July 15 and 5.58pm on July 21, via X (formerly Twitter) despite knowing that his action would likely cause distress or fear to Acacia Mardiana Daud, 31.
Safiq, the first person charged under Section 507A(1) of the Penal Code, has been in custody since August as he could not post a RM20,000 bail.
The law, which came into force on May 31 this year, makes stalking, whether carried out virtually or otherwise, an offence punishable by imprisonment of up to three years, a fine, or both.
Sasha has fixed Jan 17 for trial and the prosecution is expected to call three witnesses, including Acacia.
Jason Wee, who is holding a watching brief for Acacia, said he would apply for the victim to testify online for security reasons.
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