Judge Datuk Muhamad Ideres Muhamad Rapee issued the order after the Society for the Prevention of Cruelty to Animals made an application for a revision of an earlier sentence against the dog's owner Chiew Shwe Lee.

On June 10 in the Klang magistrate's court, 44-year-old Chiew, a mini-market owner, pleaded guilty to hurting the year-old dachshund named Tim.

He was jailed a day and fined RM150 but he was also given custody of the dog.

He was also ordered to settle RM490.35 in medical cost incurred by the Veterinary Services Department in treating a 10cm wound on Tim's neck, which was caused by a chain.

Unhappy with the sentence and the fact that Chiew got back the custody of the dog, the SPCA applied for a revision of the sentence.

However, SPCA's councel Edmund Bon was told by deputy public prosecutor Mohamad Hanafiah Zakaria that the Attorney-General's chambers had already filed an appeal for an increased penalty.

Defence counsel Eric Yap told the court that Tim has been taken to a veterinarian doctor five times since June 10 and there was no evidence Tim had been abused since then.

At this juncture, Muhamad Ideres said the court would not deliberate on the sentence itslef and would not confine itself to the health of the dog.

"This is of paramount importance", he said.

He then ordered that Tim be handed over to the Veterinary Services Department and told both parties to appear before the magistrate on Aug 9 for a final decision on who gets custody of Tim.

Tim's case is the second reviewed by the High Court.

On Tuesday, Kuala Lumpur High Court judge Datuk Abdull Hamid Embong allowed an application by Deputy Public Prosecutor Kamaruzzaman Abdul Jalil and Bon for breeder Francis Xav Lau Choo Kee to give up his 13 pedigree dogs.

Abdull Hamid ordered that the dogs be given to the Veterinary Services Department for medical treatment and rehabilitation for a month.

He further ordered SPCA get custody of the dogs after the one-month period.