No legal basis to involve public in dog-catching operation, says lawyer

 Questions raised about whether local residents involved in the operation had been properly vetted, trained and supervised before taking part.

About 11 Klang city council officers and 50 residents were involved in catching strays, during which a pet dog named Rocky died.

PETALING JAYA:

A lawyer representing a woman whose pet dog died during a stray dog-catching operation after being allegedly beaten, says there is no legal provision allowing ordinary and untrained people to be involved in such operations.

Diwhasini Gurubadzam.

Diwhasini Gurubadzam said she found no such provisions in the Local Government Act, the Animal Welfare Act, relevant by-laws and procedures set out by the housing and local government ministry.

She said the Klang city council should state what legal basis or procedures it relied upon for the operation.

She also questioned whether local residents who were involved in the operation had been properly vetted, trained and supervised before taking part in the July 29 operation at Taman Teluk Gedung Indah, Port Klang.

Klang mayor Hamid Hussain had previously said 11 city enforcement personnel and 50 residents were involved and that everyone had been briefed on the method beforehand.

Diwhasini said liability for the death of the dog, known as Rocky, would depend on the evidence, particularly if an untrained person physically handled the dog or the equipment allegedly involved in causing its injuries.

She said potential liability could extend to the person involved, as well as the supervising officers and the city council itself, depending on the level of authorisation, supervision and control exercised during the operation suffering.

Rocky’s owner, who only wanted to be known as Roghinidevi, has said she is currently exploring her legal options.

Rajesh Nagarajan.

Animal rights lawyer Rajesh Nagarajan described the involvement of members of the public in the operation as “absolutely illegal”. Residents who had not been trained could not be expected to follow standard procedures, he said. “Where does it allow a non-officer to catch an animal?” he said.

Rajesh said the city council’s manpower constraints in dealing with stray dog complaints did not justify allowing residents to take part in catching dogs. He also disputed the mayor’s assertion that the operation complied with standard procedures. - FMT