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KUALA LUMPUR:
A dog breeder lost 13 pedigrees under his care
after the High Court here Tuesday, ordered the
canines be handed over to the Society for the
Prevention of Cruelty to Animals (SPCA).
This
was following an appeal against an earlier
judgment on June 6, when dog breeder Lau Choo Kee,
46 was ordered by the Magistrate's Court here to
pay a fine of RM200 for cruelty to animals, as the
dogs were bred in cramped conditions and suffering
from skin disease.
The
nine bitches and four male pedigrees comprise
English Bull Terriers, Golden Retrievers,
Bulldogs, Labradors, St Bernards and Basset
Hounds.
Lau
from Taman Taynton View Cheras had pleaded guilty
to the charge and agreed to pay RM1,300 treatment
costs for the dogs.
However, Lau's counsel M.Mohan Ghandi told the
High Court his client had made the confession
while unrepresented.
"Thus,
if the magistrate (Nurulizwan Mohd Zubir)'s orders
was to be changed -- a retrial should be held,"
Mohan told judge Datuk Abdull Hamid Embong.
Mohan
said Lau was looking after the dogs which were
sent by a friend for treatment, as he was "a
master of dogs".
SPCA's
counsel Edmund Bon however argued that, if Lau
claimed to be a master of dogs he should have
known the laws involved and acted accordingly.
Tuesday's appeal made by the SPCA via Deputy
Public Prosecutor Kamarulzaman Abdul Jalil asked
for a harsher sentence under the Animal Ordinance
1953, which carries a maximum sentence of six
months imprisonment or a RM200 fine or both.
Justice Abdull Hamid said the dogs do not seem to
be reared under suitable conditions judging from
pictures submitted to the court.
"These
are beautiful pedigree dogs that should be
properly kept and cared for," he said adding that
it was shocking to see the dogs in that condition.
Abdull
Hamid said he was however not inclined towards
questioning the magistrate's decision to impose
the RM200 fine, as the punishment was in
accordance with Section 44 of the Animal Ordinance
1953.
He
said the RM200 fine was adequate and did not
impose a harsher penalty.
Meanwhile, Abdull Hamid had to clear up a
confusion over the magistrate's decison. In her
written judgment, Nurulizwan had left it to the
DPP to decide on what to do with the dogs but made
no mention of returning them to the owner.
At the
same time, in her oral judgment, she had
apparently said the dogs will go back to the
owner.
Based
on the written judgment, Abdull Hamid ordered the
dogs to be sent to the veterinary services
department for treatment and rehabilitation for
one month, before being handed to the SPCA. |