DECEMBER 21 ― Yesterday, the Magistrate’s court ordered the accused, who was charged with stalking a woman photographer by repeatedly harassing her on social media last year, to go on trial.

The magistrate court also ruled that the case must go to trial despite the 37-year-old’s guilty plea being a conditional one. The accused is said to be the first individual to be charged for the offence under s507A (1) of the Penal Code.

When an accused plea guilty he limits his right to appeal, as stated under s305 of the Criminal Procedure Code. This statutory provision prevents a person who pleaded guilty from going beyond and appealing his sentence.

Mohamad Safiq Rosli, 37, who is the first individual to be charge under the new anti-stalking law, arrives at the Magistrate's Court in Shah Alam December 20, 2023. ― Picture by Yusof Mat Isa
Mohamad Safiq Rosli, 37, who is the first individual to be charge under the new anti-stalking law, arrives at the Magistrate's Court in Shah Alam December 20, 2023. ― Picture by Yusof Mat Isa

However, this must be taken as unreserved, unequivocal, and unqualified as per s173 (b) of the CPC. In other words, the plea has to be without conditions and exceptions.

Nonetheless, if an accused plea guilty with a condition imposed, his plea is as good as no plea.

In the Supreme Court of Lee Weng Tuck laid down safeguards which must be followed if one of the main issues was whether the appellant’s plea was unequivocal in question.

(a) The court must ascertain that is the accused himself who wishes to pled guilty

(b) The court must ascertain that the accused understands the nature and consequences of his pled; or

(c) The court must ascertain that the accused intends to admit without qualification of the offense.

In the case of PP v Cheah Chooi Chuan [1972] 1MLJ 215, the accused stated that he would plead guilty if the complainant accepted the challenge and put the cockerel to death. The court ruled the accused plea guilt was not unconditional, unequivocal, or unreserved and should be rejected.

Thus, it’s a trite law in these established principles, that for a plea of guilt to be accepted by the court, the magistrate must take all procedural steps to ensure that the plea is valid and unequivocal.

And if such is not found, or there were conditions to the plea then the plea guilt is as good as no plea, which will now go for a trial.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.