Sentul police chief Ahmad Sukarno Mohd Zahari, whose district headquarters probed Ms Rajeswary’s cyberbullying case, told CNA that investigations have concluded and that the “suspects have been charged in court”.
“Esha’s complaints were not investigated because she was not able to have her statement recorded. How can her phone be retrieved if she was not present to give her statement?” he said.
Assistant Commissioner Ahmad Sukarno previously told local media that police had also received a report from a 39-year-old man on Jul 6, a day after Ms Rajeswary’s death, about threats made against her on TikTok.
The complainant alleged he saw two postings on TikTok by profiles named Dulal Brothers dan Alphaquinnsha allegedly defaming and threatening Ms Rajeswary, the police chief said as quoted in the New Straits Times.
“The complainant’s report triggered the issue and police investigated based on his report, not Esha’s report,” Assistant Commissioner Ahmad Sukarno told CNA.
Two people have been charged with communication offences in Ms Rajeswary’s case.
One of them, lorry driver B Sathiskumar, pleaded guilty to a charge of posting lewd comments on TikTok using the profile “@dulal_brothers_360” with the intention to annoy others at 10.12pm on Jun 30, The Star reported.
The 44-year-old was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 and faces a fine of up to RM50,000 (US$10,700) or imprisonment of up to one year or both, with an additional fine of RM1,000 for each day the offence continues after conviction.
Sathiskumar also claimed trial to a second charge of posting lewd comments with the intention to outrage the modesty of Esha’s mother, Ms Puspa Rajagopal, 56, at 10.15pm on the same day.
This offence, under Section 509 of the Penal Code, provides for imprisonment of up to five years or a fine or both.
As Sathiskumar had claimed trial to the second charge and wanted legal representation, KL Sessions Court Judge Siti Aminah Ghazali postponed sentencing for the first charge to give him time to find a lawyer, according to The Star. The case is set for mention on Aug 16.
Meanwhile at the Magistrate’s Court, the other person charged in connection to Ms Rajeswary’s case – identified as nursing home owner Shalini Periasamy – was fined RM100 in default of seven days’ imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.
Shalini, 35, pleaded guilty to the offence committed via her TikTok account “alphaquinnsha” at around 4.10am on Jul 1. She was charged under Section 14 of the Minor Offences Act, which provides for a maximum fine of RM100 upon conviction, The Star reported.
The lawyer Mr Harpal said Ms Rajeswary’s family is unhappy with the punishment.
“The family said, how can the girl just get away with RM100 when they lost their daughter. I already managed to explain to them that these are the legal consequences that we have in Malaysia right now,” he said.
“But sometimes, families are bereaved and you can’t help it.”
The penalty has been perceived as too lenient by others as well, including Communications Minister Fahmi Fadzil, who expressed disappointment at the amount but conceded that it was meted out based on the evidence collected, Free Malaysia Today reported.
The government has also vowed to amend the Penal Code to make cyberbullying enforcement more effective, and draft a new Bill to make online services more accountable for online safety issues, including cyberbullying.
On Friday (Jul 19), Mr Fahmi – who is also the spokesman for the unity government – said that the Malaysian Cabinet has agreed to establish a special committee to address cyberbullying issues in the country. It will involve the Communications Ministry, Home Ministry, Digital Ministry as well as the Legal Affairs Division of the Prime Minister’s Department.
“The committee will look at the legal aspects and (make) amendments (to the laws) as well as other actions we feel are necessary to deal with the issues of cyberbullying,” Mr Fahmi was quoted as saying by Bernama.
