One fined RM100 after pleading guilty.
A 43-year-old lorry driver today pled guilty to making offensive remarks about the late Rajeswary Appahu, better known as Esha on social media platforms, on his TikTok account ‘Dulal Brothers 360’.
B Sathiskumar made the guilty plea before Sessions Court judge Siti Aminah Ghazali after being charged with making obscene remarks with the intention of hurting others, under Section 233 of the Communications and Multimedia Act, which deals with the misuse of network facilities, news portal Free Malaysia Today reported.
The alleged offence took place at 10.12pm on June 30 in Sentul.
This offence carries a potential penalty of a one-year imprisonment, a fine of up to RM50,000, or both.
Sathiskumar also faced a second charge of posting lewd comments with the intention to outrage the modesty of Esha’s mother, PR Puspa, 56, at 10.15pm on the same day.
The offence is framed under Section 509 of the Penal Code, which provides for imprisonment of up to five years or a fine or both, upon conviction. Sathiskumar claimed trial to the second charge.
DPP Mohd Sabri Othman said what the accused had done was cyberbullying, causing severe emotional stress to the victim.
“In this case, a victim was found dead after the lewd communication was posted by the accused,” he said.
Sabri added that the case had garnered significant public attention, including from the government and NGOs, and he pressed for a high bail amount. The DPP offered RM25,000 in one surety for each of the charges.
Sathiskumar, who was unrepresented, told the court his wife is a disabled person and he has three children, two of whom are still studying. He said he earns about RM1,000 monthly from driving a lorry and suffers from chest pains, diabetes, and high blood pressure.
Sessions Court judge Siti Aminah Ghazali fixed bail at RM36,000 for both cases. She also ordered the accused to surrender his passport to the court until the disposal of his case and to report to the police station monthly.
As Sathiskumar had claimed trial to the second charge and wanted legal representation, Siti Aminah postponed the sentencing for the first charge, where he pleaded guilty under Section 233(1)(a) of the CMA, to give him time to find a lawyer. The case is set for mention on Aug 16.
Separately, Shalini Periasamy, 35, a TikTok user going by the handle @alphaquinnsha pleaded guilty to using vulgar language on TikTok with the intent to incite anger and was fined RM100.
Magistrate S Arunjothy handed the sentence to Shalini after she pleaded guilty to the offence committed via her TikTok account “alphaquinnsha” at around 4.10am on July 1. She was charged under Section 14 of the Minor Offences Act, which provides a maximum fine of RM100 upon conviction.
According to the statement of facts, the complainant, a social activist, had come across Shalini’s TikTok account, where she had defamed Esha and made several threats to harm her in an intimidating tone.
Shalini, the owner of a private psychiatric care nursing home, had also gone live on TikTok, making threats against those who opposed her, which led Esha to lodge a police report.
DPP Nur Hafiezah Mohamed Fauzi prosecuted.
Esha was found dead in a condominium unit in Setapak on July 5, a day after lodging a police report at the Dang Wangi police station over threats made against her.
Meanwhile, netizens are outraged over the RM100 fine imposed on Shalini.
Many people expressed unhappiness at how such a serious offence could only warrant a slap on the wrist.
They described the fine as an insult as the case led to a person’s death.