KUALA LUMPUR: A man and a woman were separately charged at the magistrates and Sessions Court today with offences linked to the death of social media influencer A. Rajeshwary, better known as Esha, who allegedly committed suicide earlier this month.
A welfare home owner was fined the maximum RM100 by the magistrate's court for deliberately uttering vulgarities with the intention to stir anger and disturb the peace through a TikTok account this month.
Magistrate M. S. Arunjothy meted out the sentence on Shalini Periasamy, 35, after she pleaded guilty to the offence she had committed via her TikTok account "alphaquinnsha".
The magistrate ordered Shalini to pay the fine, failing which, she would be jailed for 7 days.
She committed the offence at 4.10am on July 1.
The charge was under Section 14 of the Minor Offences Act.
The facts of the case read that the complainant, a social activist, had come across Shalini's TikTok account created in her name where she had defamed the influencer and made several threats to harm her in an intimidating tone.
Shalini had also gone live on TikTok and made threats against those who were allegedly against her which led to the influencer lodging a police report.
Deputy public prosecutor Nur Hafiezah Mohamed Fauzi asked the court to hand down an appropriate sentence to serve as a lesson.
Separately, at the Sessions Court, a 44-year-old lorry driver, B. Sathiskumar, also linked to the case of Esha, pleaded guilty to a charge of posting lewd comments on a TikTok account @dual_brothers_360 with intention to annoy others.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which provides for a maximum RM50,000 fine or a jail term of up to one year; and may be fined a further RM1,000 for each day the offence continues after conviction.
Sathiskumar claimed trial to another charge of posting lewd comments with the intention to outrage the modesty of Esha's mother, P.R. Puspa, 56, through the same TikTok account on the same day, time and place.
The offence under Section 509 of the Penal Code carries a jail up to five years or a fine or both upon conviction.
Deputy public prosecutor Mohd Sabri Othman offered bail of RM50,000 with two sureties and for the accused to surrender his passport to the court until case disposal and report to the nearest police station monthly.
He said the case had attracted public interest as the accused had committed cyberbullying on TikTok.
"People could watch and hear the lewd comments that were indescribable beyond words and tragic, which affected the victim.
"The victim was unable to defend herself by dismissing the contents and lewd words by the accused.
"This case of cyberbullying had greatly impacted the victim's mental health. She was under emotional pressure, depression and had lost her self-confidence," he said.
He said the victim was found dead after the lewd comments were made by the accused.
Sathiskumar, who was unrepresented, pleaded for a lower bail as he earned RM1,000 monthly and has a disabled wife as well as three children, two of whom are students.
Judge Siti Aminah Ghazali set Aug 16 for mention after Sathiskumar told the court he wanted to appoint a lawyer.
The court set bail at RM36,000 for both charges and allowed the prosecution's additional conditions.