Lorry driver in influencer Esha's cyberbullying case gets 12 months prison

KUALA LUMPUR - A lorry driver linked to the death of social media influencer A. Rajeswary, also known as Esha, was sentenced to 12 months in prison by the Sessions Court for posting obscene content against her and insulting her mother’s modesty four months ago.

Judge Siti Aminah Ghazali meted the sentence on B. Sathiskumar, 44, after he changed his plea to guilty on both charges during today’s hearing.

He was sentenced to 12 months imprisonment for each charge, to run concurrently from the date of his arrest on July 10.

Before sentencing, Sathiskumar apologised, acknowledged his wrongdoing, and vowed not to repeat his actions, saying "I’m guilty, I won’t do it again... I’m asking for forgiveness, ma’am (judge)... I won’t do this again”.

He was charged with knowingly creating and posting obscene content through a communication service with the intent to offend others, via the TikTok account "@dulal_brothers_360" at 10.12 pm on June 30, which was later viewed at 10.15 pm on June 30 at Jalan Ipoh, Sentul.

He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which carries a maximum fine of RM50,000 or imprisonment of up to one year, or both, with an additional fine of RM1,000 imposed for each day the offense continues after conviction.

Sathiskumar also faced a separate charge for insulting and outraging the modesty of Rajeswary's mother, P.R. Puspa, 56, through the same TikTok profile on the same date, time, and location.

This charge was brought under Section 509 of the Penal Code, which provides for a maximum prison term of five years, a fine, or both, upon conviction.

According to the facts of the case, the police received reports from a member of the public and Rajeswary's mother after they viewed the "@dulal_brothers_360," TikTok post using Rajeswary's image as the background, with defamatory and offensive remarks as well as threats of rape and murder against the victim.

On July 4, Rajeswary filed a police report, stating she had been threatened, insulted, and verbally abused. However, she did not appear at the police station to provide testimony, and the investigating officer made efforts to contact and visit her residence, but could not locate her.

The next day, police officers on duty at the Kuala Lumpur Central Control Centre reported that the victim, Rajeswary, had hanged herself at a residence in Setapak.

Forensic analysis of the accused's mobile phone revealed that the TikTok live video was still accessible and could be downloaded from the TikTok account it was posted on.

Earlier during the proceedings, deputy public prosecutor Mohd Sabri Othman requested a custodial sentence, considering the severity of the offence, as well as the importance of public interest and the victim's rights.

"As outlined in the charges against the accused, the use of obscene language during the live TikTok broadcast reflects the accused's malicious intent to harm the victim, Rajeswary. Furthermore, the facts of the case show the victim hanged herself after filing a police report, following threats, intimidation, and insults from the accused.

"This case should serve as a warning to the public that the use of obscene language on social media can result in severe penalties under the law. The accused also humiliated Puspa with clearly offensive language.

"Therefore, the prosecution requests a fitting prison sentence be imposed on the accused for both charges,” said Mohd Sabri.

Sathiskumar’s lawyer Muhamad Izwan Ishak from the National Legal Aid Foundation requested a minimum sentence to be served concurrently, considering that this is his client’s first offence and he has three children and a wife with disabilities to support.

"My client works as a lorry driver with a monthly income of RM1,500. He has repented and acknowledges his mistakes. Therefore, we request that this court allows him an opportunity to change and become a better person who can contribute positively to society,” the lawyer stated. - BERNAMA