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Tuesday, October 18, 2022

MBSJ officers breached SOP on handling dogs, court told

 

Lawyer Rajesh Nagarajan and his client, Koh Tat Meng, who was charged after he confronted MBSJ officers for allegedly mistreating a stray dog when attempting to catch it.

PETALING JAYA: The magistrates’ court here was told that Subang Jaya Municipal Council (MBSJ) officers failed to follow the standard operating procedures (SOP) when handling a stray dog in October 2019.

Rajesh Nagarajan, who represented Koh Tat Meng, 50, told the court that the officers had breached the council’s SOP by fastening a steel loop onto the dog’s paw and dragging the animal out from underneath a car.

Koh has been charged with obstructing public servants in the discharge of their duties after he confronted them and was subsequently pinned against a vehicle in the incident that was captured on video that went viral on social media.

He has since sued the council for assault.

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Rajesh also claimed that, based on the footage, the dog was “hurled” into a van.

Suriyana Zakaria, who had handled the probe into Koh’s assault, said she was told by the MBSJ officers that the loop used to catch the dog was made of steel.

Rajesh: Do you agree that the steel loop is against the SOP?

Suriyana: I disagree.

Rajesh: Are you saying that the steel loop could be used although it is against the SOP?

Suriyana: I disagree.

Rajesh: Do you agree that the steel loop should not be used?

Suriyana: The steel loop is against the SOP but the rod used adhered to MBSJ’s SOP.

Rajesh: You yourself said that the loop was made of steel, do you agree or not?

Suriyana: I disagree. I’m not sure.

Suriyana also did not agree with Rajesh’s use of the phrase “dragged and hurled”, suggesting that the dog was pulled out from underneath the car and lifted up into the van.

She also testified that she was unsure if the action of fastening the loop onto the dog’s paw was in compliance with the SOP.

When asked about the status of investigations into Koh’s report against the officer for causing hurt, Suriyana said the matter had been completed.

However, she admitted that she had yet to record Koh’s statement.

“I have repeatedly contacted the accused to record his statement, but he did not cooperate. The last time I attempted to reach him was in August this year,” she said.

Magistrate Zhafran Rahim Hamzah set Nov 18 for written submissions, Dec 3 for oral arguments, and Dec 19 for the court to deliver its decision. - FMT

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