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Sentul police chief Ahmad Sukarno Mohd Zahari, who was in charge of investigating Ms Rajeswari’s cyberbullying case, told CNA that the investigation had been concluded and the “suspect had been charged in court”.
“Esha’s complaint was not investigated as she could not record her statement. How to recover her phone if she is not present to testify?” he said.
Assistant Commissioner Ahmad Sukarno previously told local media that police also received a report from a 39-year-old man on July 6, the day after Ms Rajeswari’s death, that someone had made threats against her on TikTok.
The complainant claimed that he saw two posts on TikTok by users named Dulal Brothers and Alphaquinnsha that allegedly defamed and threatened Ms Rajeswary, the New Straits Times reported, citing the police chief.
“The issue was triggered by the complainant’s report and the police conducted the investigation based on his report and not Isa’s,” Assistant Commissioner Ahmad Sukarno told CNA.
Two people have been charged It is related to the communication offences in the case of Ms. Rajeswary.
According to The Star, one of the truck drivers, B Sathiskumar, admitted to posting obscene comments on TikTok using the profile “@dulal_brothers_360” at 10:12 pm on June 30 with the intention of harassing others.
The 44-year-old man was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 and faces a maximum fine of RM50,000 (US$10,700) or a maximum jail term of one year, or both, with an additional fine of RM1,000 for each day of the offence upon conviction.
Satishkumar also claimed to face a second charge of posting obscene comments with intent to insult the chastity of Isha’s mother, 56-year-old Puspa Rajagopal, at 10.15 pm on the same day.
Under Section 509 of the Penal Code, this offence is punishable by up to five years’ imprisonment, a fine, or both.
As Satish Kumar has requested a trial on the second charge and wants legal representation, Kuala Lumpur Magistrate Siti Aminah Ghazali postponed sentencing on the first charge to give him time to find a lawyer, The Star reported. The case is scheduled to be heard on August 16.
Meanwhile, at the magistrate’s court, another accused in connection with Ms Rajeswari’s case – nursing home owner Shalini Periasamy – was fined RM100, which fell short of a seven-day jail term, for intentionally making vulgar remarks through her TikTok account with intent to incite anger and disturb the peace.
Shalini, 35, admitted to committing the offence through her TikTok account “alphaquinnsha” at about 4.10am on July 1. She was charged under Section 14 of the Minor Offences Act, which carries a maximum fine of RM100 upon conviction, The Star reported.
Lawyer Harpal said Rajeswary’s family was unhappy with the verdict.
“The family said they lost their daughter, how could they get away with just RM100? I have explained to them that these are the current legal consequences in Malaysia,” he said.
“But sometimes, families lose loved ones and there’s nothing you can do.”
Others also felt the punishment was too light, including Communications Minister Fahmi Fadzil, who expressed disappointment with the amount but acknowledged it was based on evidence gathered, Free Malaysia Today reported.
The government has also pledged to amend the Criminal Code to make cyberbullying enforcement more effective, and to draft new bills to make online services more responsible for online safety issues, including cyberbullying.
On Friday (July 19), Fahmi, who is also the spokesman for the coalition government, said the Malaysian Cabinet has agreed to set up a special committee to tackle cyberbullying in the country. The committee will involve the communications ministry, the home affairs ministry, the digital ministry, and the legal affairs department in the prime minister’s department.
“The committee will look into the legal aspects and make amendments to the law, as well as take other actions we deem necessary to deal with the issue of cyberbullying,” Fahmi was quoted as saying by Bernama.
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