KUALA LUMPUR, July 16 — Two people were charged in the Sessions and Magistrate’s Courts here today with communication offences related to the death of social media influencer A. Rajeswary, also known as Esha.
Lorry driver B. Sathiskumar, 40, pleaded guilty to a charge of knowingly making and initiating the transmission of lewd comments on TikTok, with the intent to annoy others, using the account @dulal_brothers_360 at 10.12pm on June 30.
The comments were read at Jalan Ipoh, Sentul, here at 10.15pm on June 30.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which carries a maximum fine of RM50,000, a jail term of up to one year, or both, upon conviction.
He is also liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.
Sathiskumar claimed trial to a second charge of insulting the modesty of Esha’s mother, PR Puspa, 56, using the same account, on the same place, date and time.
The charge, framed under Section 509 of the Penal Code, provides for imprisonment for up to five years, a fine, or both, if convicted.
Deputy public prosecutor Mohd Sabri Othman proposed bail of RM25,000 with one surety for each charge, with the additional condition that the accused must surrender his passport to the court until the disposal of his case and report to the nearest police station once a month.
“This case has drawn public attention due to the accused’s actions on TikTok and mass media. The cyberbullying incident has negatively impacted the victim’s mental and emotional health, resulting in depression.
“The victim was found dead after the accused sent obscene communications, which has drawn public attention,” he said.
Sathiskumar, who was unrepresented, pleaded for lower bail as he only earns RM1,000 a month and has a disabled wife as well as three children to care for.
Judge Siti Aminah Ghazali allowed bail of RM36,000 for both charges and additional conditions submitted by the prosecution.
The court fixed August 16 for mention of the case to allow the accused to appoint a lawyer for the next proceedings.
According to media reports, Esha was found dead in a condominium unit in Setapak here on July 5, a day after she lodged a police report about the cyberbullying she was facing.
Meanwhile, welfare home owner P. Shalini, 35, was fined RM100 by the Magistrate’s Court after she pleaded guilty to deliberately uttering abusive words via her TikTok account @alphaquinnsha with the intent to incite anger and disrupt peace.
She committed the offence at a house in Jalan Ipoh here at 4.10am on July 1.
The charge was framed under Section 14 of the Minor Offences Act 1955, which provides a maximum fine of RM100 upon conviction.
Magistrate MS Arunjothy ordered the woman to serve seven days in jail if she failed to pay the fine. The accused paid the fine.
According to the facts of the case, the complainant, a member of the public, discovered a TikTok profile named @alphaquinnsha that defamed the victim and made several threats to hurt her in an intimidating manner.
The accused, during her TikTok live broadcasts, threatened people who opposed her, which led the victim to file a police report.
Earlier, deputy public prosecutor Nur Hafiezah Mohamed Fauzi urged the court to mete out appropriate punishment to serve as a lesson for the accused.
— Bernama
