Two charged with communication offences linked to influencer Esha's death
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 10.12 pm on June 30.
The comments were subsequently read at Jalan Ipoh, Sentul, here at 10.15 pm 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 or 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, however, claimed trial to a second charge of insulting the modesty of Esha’s mother, PR Puspa, 56, using the same TikTok 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 or 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 a lower bail on the grounds that 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 Aug 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 lodging a police report regarding the cyberbullying she was facing.
Meanwhile, welfare homeowner 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 4.10 am on July 1.
The charge was framed under Section 14 of the Minor Offences Act, which provides a maximum fine of RM100 upon conviction.
Magistrate M.S Arunjothy also 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 tone.
The accused, during her TikTok live broadcasts, threatened individuals 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 an appropriate punishment to serve as a lesson for the accused. - BERNAMA
