The Kuala Terengganu High Court today dismissed a lawsuit by four animal activists against the Besut district council and the Terengganu government over the shooting of a stray dog named Kopi.
Counsel Adam Luqman Amdan, representing the council, said the decision was delivered by judicial commissioner Yusrin Faidz Yusoff via Zoom.
The plaintiffs, comprising Dr Kartini Farah Abdul Rahim, S Mukunnan, Hong Hai San and G Shashi Kumar, as representatives of the Selangor Stray Dogs and Cats Welfare Association, filed the suit on Dec 10, 2024, naming the council and the Terengganu government as the first and second defendants.
Adam said the court ruled that the plaintiffs had no locus standi to file the originating summons, as none of them was a resident of Besut, and they failed to demonstrate a real and genuine interest in the subject matter.
He added that the court found the declaratory relief sought - that the local council’s action in shooting Kopi contravened Section 29(1)(e) and Section 30 of the Animal Welfare Act 2015 - amounted to an attempt to enforce criminal law through a civil action.
“The court agreed with our submission that these reliefs would, in essence, determine criminal liability through civil proceedings, thereby contravening Article 145(3) of the Federal Constitution concerning the separation of powers and circumventing the prosecutorial powers of the attorney-general,” the lawyer said.
Adam said the court also noted that Section 30 of the Act permits the use of firearms for animal population control.
“The court held that the shooting of animals for the purpose of population control is in accordance with the provisions of the Animal Welfare Act and Section 9(1) and (2) of the Besut District Council’s Dog Licensing By-laws,” he said.
T’ganu govt not vicariously liable
The court further ruled that the Terengganu government was not vicariously liable in the matter.
The local council was also represented by counsel Zaid Daud and Munzeer Zainul Abidin, while the Terengganu government was represented by federal counsel Zulfazliah Mahmud.
The plaintiffs were represented by lawyer Harvinpal Kaur.
The activists had sought a declaration that the shooting of Kopi violated Sections 29(e) and 30(1) of the Animal Welfare Act, which they argued prohibit the use of firearms on animals.
They also challenged the validity of certain provisions in the Besut District Council’s dog licensing by-laws, claiming these were inconsistent with the Animal Welfare Act.
Public outrage
The controversy began on Oct 13, 2024, when the local council president Sukeri Ibrahim defended the council’s actions, stating that the disposal of the stray dog was carried out in accordance with established procedures and denying allegations that the animal had been abandoned after being shot.
The case gained further attention when a 52-second video surfaced on the My Forever Doggo (MFD) Facebook page, showing Kopi lying lifeless after sustaining serious injuries.
The video, shared widely, showed a resident discovering the dog’s body after hearing gunshots.
It has sparked outrage among animal lovers, igniting a nationwide debate on animal rights and justice for Kopi.
Many are now calling for accountability and demanding change in how animals are treated by authorities.
This case has not only raised concerns about the treatment of animals but also sparked a broader conversation on the need for stronger protections and greater compassion for animals in Malaysia.
- Bernama
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