Wednesday, June 1st, 2011 12:36:00
CAUGHT: The video clip of the incident
THE Department of Veterinary Services (DVS) may not be able to prosecute 'Serdang cat killer' Chow Xiao Wei, 21.
The decision to bring her to justice is being hampered by the lack of legal support as the process involves going through multiple governmental agencies.
DVS director-general Datuk Dr Abdul Aziz Jamaluddin said one of the delays in prosecuting Chow, who had admitted publicly for torturing three kittens with an umbrella and stomping them to death in March, was due to the authenticity of the video.
"This is the role of the Malaysian Communications and Multimedia Commission (MCMC) as they probably have to develop protocols for video authentication that is accepted under general multimedia laws. We have submitted the video to them.
"Subsequently, the DVS, with advice from the Attorney-General's (AG) Chambers, will open the case for further investigations."
However, Dr Abdul Aziz said an investigation methodology could not be determined.
"This is because the Animals Act 1953 does not have the provision for a video recording to be used as court evidence. The government should develop an effective Act to prosecute perpetrators for any offence based on video evidence."
However, several lawyers said there was no need for DVS to limit themselves to the Animals Act 1953 as there were other avenues for the department to bring Chow to face justice (see below).
Asked on the status of the amendment of the Act, which was called for by various animal rights groups, Dr Abdul Aziz said the AG's Chambers was doing their best to finalise changes recommended by DVS and the Agriculture and Agro-based Industry Ministry.
"The next stage will be the inclusion of provision for prosecution of cases based on video evidence."
Upon checking with MCMC, The Malay Mail learnt the video is not in their possession and instead with CyberSecurity Malaysia. However, CyberSecurity Malaysia declined to comment.
Currently, animal abusers found guilty under the Act only face a maximum fine of RM200 and a threat of six months jail.
Animal activists have asked for the fine to be increased to RM50,000 so as to serve as a proper deterrent.
Prosecute cat killer under Evidence Act, say lawyers
SEVERAL lawyers told The Malay Mail there are other avenues for the department to bring the cat killer to justice.
Senior criminal lawyer Salim Bashir said, even if the Animals Act 1953 did not have the provisions for video evidence to be submitted in court, the Evidence Act 1950 did.
"As such, the Serdang cat killer can be prosecuted under this Act. They could also bring in a charge through the Malaysian Communications and Multimedia Commission using Section 90(a) of the Evidence Act 1950.
"If the conditions in the Section are satisfied, this could overwrite the Animals Act 1950."
Senior lawyer Datuk Seri Shafee Abdullah said it was not entirely correct to put the blame on the Animals Act 1953 for not having a provision for video evidence in court.
"The Animals Act 1953 governs matters of substance, including offences, created to protect animals. It does not wholly cover procedure and evidential matters. Similarly, the Penal Code provides for offences of cruelty against animals.
"All the offence-creating statutes must use the Evidence Act 1950 for evidence admissibility purposes as it is a statute of general application. The Evidence Act covers evidence by video or Internet provided preconditions of admissibility are met."
Shafee said the Animals Act could be blamed in this matter as the Evidence Act governed presentation of all evidence in any offence.
Lawyer Datuk Jahabardeen Mohamed Yunoos said the video of the cat abuse was not critical.
"If the authority is serious about charging the cat killer in court, then go ahead. The authentication of the video has to be done by any certified forensic department such as the police.
"The video in this case is relevant but not critical as the abuser has admitted to the offence she had committed. There are also other evidence such as news reports written based on the public apology she made and the journalists who were present during the Press conference."
Jahabardeen said the level of animal rights consciousness in this country was extremely low.
"It is embarrassing that animal abusers found guilty under the Animals Act 1953 only face a maximum fine of RM200 and a threat of six months jail. Furthermore, the provisions under Sections 428 and 429 of the Penal Code is highly disappointing in terms of animal's life as it is tied to economic value."
Follow this case at
http://www.malaysiakini.tv/video/21227/ngos-wants-cat-killer-be-brought-to-book.html
We received a call recently about a family that regularly abuses its dog. We have the adress as well as the necessary evidence and want to lodge a report with the DVS. But before we do that we want to lodge a mass police report. Please respond here if you want to join us in lodging the report - probably tomorrow night - and we'll pick a suitable police station. Please watch the video to see for yourself - the abuse occurs at one of the houses located on the righthand side of the screen.This happened in Klang.
To see the video, click the link below:
http://malaysiandogsdeservebetter.blogspot.com/search/label/ABUSE
This pup was nearly dinner to some foreign workers in our country!Wednesday, October 27, 2010
A lady from Klang saw a group of men catching a young dog and placing it into a sack while on her way to a shop on Tuesday night. The dog struggled and the man holding the sack swung it and hit a lamp post several times. When they realised they were being watched, the man dumped the sack and left the place with his group. Fearing for her safety, the lady returned home and went back the following day and saw the dog was still lying on the sack without moving. Yesterday evening her daughter brought the dog to us and we have admitted her at one of our panel vets. There was nothing wrong with the young dog except for some swelling around the abdomen - probably due to being whacked against the lamp post. She had refused to move from the spot out of fear and also trauma. Going by the facts given to us, we believe the group of men were Vietnamese and the dog was probably their dinner for the day. How do we tackle a problem such as this? For them, the dog is a food source just like cattle, poultry and pigs - among others. The only way would be to make dog meat consumption illegal here - like how it is in countries such as Taiwan. But would the authorities do this? I am sure most of you would recall a top ranking official from the Department of Veterinary Services who said that dog meat consumption should be regarded as being okay. There are many dog meat restaurants in this country - where do they get their supply? From the pounds? Where?
Yet another cruelty case
This German Shepherd lives in Jalan Anggerik Vanilla 31/98F, Canal Gardens, Kota Kemuning.Its brutal owners keep its mouth tied up with rafia string everyday probably to keep it from barking.
According to the complainant, the dog is suffering and the
leash is also very short that the dog can only sit.
So much so that it sits on its urine and stool and as a result it's side is peeling from infection.
We have forwarded the complaint and picture to the Selangor DVS and hope that action will be taken soon.
Mommy is sick to the guts helping me with my blog... I saw tears in her eyes when she sees pictures like these but because I wanted to create awareness to more people how some unlucky dogs are being mistreated and abused for no apparent reason and she also shares my thoughts, she had to help me blog. Sorry mommy as I have no fingers like yours to type the keyboard, it saddens me to see you with tears. I love you and I know I am in good hands...sometimes I hope our home can be bigger so that mommy can keep a few more of those unlucky dogs or even help foster some... but SIGH! some neighbors don't like the idea though.
Cruel Malaysians
Thursday March 18, 2010
What's going on....
Just when we thought we can take a short break from advocacy and update our supporters about our rescue work - this crops up. We are shocked and appalled that human beings can actually resort to such cruelty. The letter says the six young people were told that the dog had been tied-up like that for quite a while - didn't it kick the conscience of the people who had passed by? Our rescuer friend Miza Nordin says she will go an look for the dog this evening as it definetely needs medical attention. The stick has also been identified as the pole used by council dog catchers. So, there must be truth that the dog was tied in that position by DBKL workers. We called KTM and its public relations officer Fazil said he too was shocked with the pictures. He has asked for emails to be directed to him and said he would redirect them all to the KTMB president.
Here's the letter which appeared in Malaysiakini. Take a look at the picture.
M Nisha
Mar 17, 10
4:43pm
I am writing because of a grievous incident that took place on Monday, March 15 at about 3pm at Kepong Central KTM Station. My friends and I (six of us) were there to take the train to the Bank Negara station.
After parking our cars, we heard a dog howling, more like a painful cry. Then, we noticed a dog being tied to the grill (steel fence) of the KTM station. As we approached the dog, we stood aghast at the sight.
The stray dog's leg and neck was tied very tightly to the grill and a piece of wood had been shoved down inside its throat! The dog was bleeding and its feces were all around it. The string was attached to a pole in the KTM station.
Immediately, we confronted the KTM workers. They said that it was done by Kuala Lumpur City Hall workers because a minister was to be visiting the station next week. They failed to explain further.
At once, we called the SPCA and the Paws animal welfare society. The SPCA responded efficiently by informing us that an animal control officer would be there soon. We made a slight commotion in front of the KTM station but the KTM workers were not concerned at all.
After about an hour, as we were returning to the KTM Kepong Central Station, we received a call from the SPCA officer stating that the dog was now not tied up and was moving around. When we arrived, the dog was limping. The same KTM workers avoided us as we tried to confront them. A passer-by told us that the dog has been that way for quite some time.
The SPCA officer could not capture the dog as it walked away for quite a distance. He advised us to write to the media and to the SPCA as well.
Doenn't our country's animal rights support the idea that an animal has the right to live its life without being harmed and hurt by humans? We realize that people define the meaning of animal rights and abuse in different ways but aren't the citizens of our country merciful?
This dog could have been just put to sleep if it had been harming the public or causing a nuisance. Why stick a wooden stick down its throat?
So people, its back to pushing for justice again.
KTMB - write to:
fazil@ktmb.com.my
Fazil - 03- 22631106
DEWAN BANDARAYA
DATUK BANDAR KUALA LUMPUR
Y. Bhg. Datuk Seri Ahmad Fuad Bin Ismail
Datuk Bandar Kuala Lumpur
Tel: 603-2617 9070
datukbandar@dbkl.gov.my
En. Mohamad Salleh bin Abdullah
Pegawai Khas I Datuk Bandar
Tel: 603-2617 9075
En. Md Aznan bin Md. Zain
Pegawai Khas II Datuk Bandar
Tel: 603-2617 9066
DBKL's man in charge of dog catching
Dr. Zainol Ariffin bin Pawanchee
603-2027 5301
Aduan DBKL:
03-2617 9925
03-2617 9936
dbkl@dbkl.gov.my
Federal Territories and Urban Wellbeing Ministry (Under which DBKL falls)
Minister
YB. Dato' Raja Nong Chik
bin Dato' Raja Zainal Abidin
rnc@kwp.gov.my
03-88897878
Roslima bt. Muhammad
Pembantu Khas Menteri
roslima@@kwp.gov.my
Zainor binti Mohd Nor
Pembantu Tadbir (Kesetiausahaan) Menteri
zainor@kwp.gov.my
Shazril Fariza bin Faridam
Setiausaha Sulit Kanan
shazril@kwp.gov.my
Deputy Minister
YB. Datuk M. Saravanan
Timbalan Menteri Wilayah Persekutuan
Dan Kesejahteraan Bandar
03-88897998
saravanan@kwp.gov.my
Suria Kumar a/l Subramaniam
Setiausaha Sulit Kanan Timbalan Menteri
03-88897997
sooria@kwp.gov.my
Deputy Minister in charge of public complaints at the Prime Minister's Department Datuk T. Murugiah
murugiah@pmo.gov.my
PUBLIC COMPLAINTS BUREAU - PRIME MINISTER'S DEPARTMENT MALAYSIA - You can make online complaints
http://www.pcb.gov.my/
http://apps1.pcb.gov.my/eApps/bpaiaducmpl/AduCmplPublic/add.do?aplCode=en
Then they questioned my intentions, and after my explanation, told me that whatever i was going to do, 'kita tak akan bayar apa-apa untuk anjing ini'. I assured them otherwise and they agreed to hand over the dog.
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