Six gibbons to remain under Perhilitan custody during the court case

 

The Wildlife and National Parks Department (Perhilitan) will retain the custody of six gibbons it seized from the Gibbon Rehabilitation Project (Grep) in Pahang for the time being.

This comes with the Court of Appeal today dismissing Grep founder Mariani Ramli’s application for stay of the court’s earlier decision revoking her permit to care for the six gibbons.

The activist had sought the stay, pending her appeal to the Federal Court in relation to the legal tussle over the six gibbons between her and Perhilitan.

In December last year, Perhilitan officers raided the Grep sanctuary and confiscated the six gibbons following a Court of Appeal verdict that Mariani had no permission to keep the animals.

Contacted today, Mariani’s lawyer Jessica Binwani confirmed that the Court of Appeal rejected her client’s stay application pending the appeal to the Federal Court.

“The Court of Appeal dismissed the application with no order to costs.

“The court is of the opinion that the gibbons should remain at the Sungkai Centre (which is under Perhilitan and located in Perak) until the Federal Court decision (on Mariani’s appeal),” Jessica said.

The lawyer said she would be discussing with Mariani on whether to file another stay application, this time at the Federal Court for the return of the gibbons, pending the disposal of the appeal.

She added that the appeal to the Federal Court would come up for case management on March 15.

According to a letter from the non-governmental organisation (NGO) Gibbon Conservation Society published on Jan 11 this year, Mariani, in her individual capacity, filed a civil suit against five defendants on Dec 28, 2017.

The defendants are the Disciplinary Board for the Support Group (under Perhilitan), the Public Services Disciplinary Appeal Board, the Public Services Commission, the Perhilitan director-general and the Natural Resources and Environment Minister.

The suit was to challenge three decisions, namely the termination of her employment as a wildlife ranger; the rejection of her appeal against the decision to terminate her employment; and the cancellation of the permit granted to Mariani under Section 50 of the Wildlife Conservation Act 2010 to care for six gibbons (Daru, Daly, Betsy, Lola, Bella and Chantiq) and a dusky leaf monkey by the Perhilitan director-general.

On Jan 29, 2018, the High Court in Kuala Lumpur granted a stay of the three decisions pending the determination of the High Court case.

On July 10, 2019, the High Court found in favour of Mariani and set aside all three decisions, and reinstated Mariani to her former position as a wildlife ranger with Perhilitan, and ordered the defendants to pay her back wages from October 2016 until the date she is reinstated.

In the meantime, the defendants, through the Attorney-General’s Chambers (AGC), filed an appeal at the Court of Appeal. The appeal was heard on Nov 16 last year.

The Court of Appeal allowed the appeal to quash the High Court decision.

Perhilitan then raided Grep in late December last year.

Mariani filed an application for leave to appeal to the Federal Court on Dec 14 last year.

At the same time, Mariani also filed a formal application for the stay of the decision of the Court of Appeal and for the return of all the six gibbons to Grep. - Mkini