Animal activists are seeking an interim court injunction to prevent the Besut local council and the Terengganu government from fatally shooting dogs within the district.
The applicants seek a temporary restraining order to maintain the status quo pending disposal of their lawsuit over the fatal shooting of stray dog Kopi in October last year.
On Dec 10 last year before the Terengganu High Court, animal rights activists Kartini Farah Abd Rahim, S Mukunnan, Hong Hai San, and S Shashi Kumar filed the originating summons.
The plaintiffs are seeking a civil court declaration that Kopi’s killing contravened provisions under the Animal Welfare Act 2015
According to Shashi’s supporting affidavit sighted by Malaysiakini, the activist contended that the interim injunction is necessary in order to prevent the civil action from becoming pointless (nugatory).
In the affidavit affirmed on Jan 3, the plaintiff claimed that the two defendants had malicious intent to continue with the fatal shooting of dogs, cats or other animals within Besut.
Shashi claimed this was shown by the council and state government not replying to the plaintiff’s letter dated Dec 13 seeking an undertaking not to further shoot dead stray animals in the district.
Quashing activists’ suit
Before the same civil court, the Besut local council and Terengganu government have filed to quash the activists’ lawsuit.
The two defendants contended that the civil action is frivolous, vexatious and an abuse of process and, thus ought to be struck out without hearing of its merits.
According to a supporting affidavit sighted by Malaysiakini, the local council’s president Sukeri Ibrahim contended the civil court is not the appropriate forum to hear the action.
He contended it is because the Animal Welfare Act provisions in question - Sections 29(1) and 30(1) - involved offences punishable with fine, jail, or both penalties upon conviction by a criminal court.
Sukeri argued that the provisions are penal laws involving prosecution in the criminal court, which a civil court has no jurisdiction to hear.
In another supporting affidavit, state secretary Nara Zulkifli Ali contended that the suit against the Terengganu administration ought to be nullified as the state government has no jurisdiction over and is not vicariously liable for acts of the local council.
Public uproar
In October last year, Sukeri said the shooting of Kopi, which ignited an uproar on social media, followed standard operating procedure.
He also refuted claims that council workers abandoned the dog after it was shot, claiming that some individuals prevented his team from retrieving the body.
Following this, seven NGOs from Sarawak and Sabah called for a moratorium on lethal methods to control the stray population of dogs, which they said should be replaced with humane approaches.
Law firm Raj & Sach is acting for the activists.
Law firm Yusfarizal Aziz & Zaid and the State Legal Advisers’ Office are representing the Besut local council and Terengganu government respectively. - Mkini
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