RM15,600 fine and jail for duo

Court revises punishment of senior citizens who abused dog

KAMPAR: Two senior citizens, who dragged a dog chained to a motorcycle for 2.3km, were sentenced to a week’s jail and fined RM7,800 each – from a month’s jail and RM200 fine before their appeal – by the magistrate’s court here.

Wong Then Yoong, 67, and Aw Soon Fatt, 66, were charged with committing the offence in Jalan Batu Sinar, Bandar Baru Kampar, at around 11am on Nov 11, 2016.

The dog died at a veterinary clinic the next day after sustaining severe injuries.

Magistrate Nur Faizah Muhamad Saleh stated that the prosecution had proved a prima facie case against the accused.

“The court is satisfied that the prosecution has proven its case against the accused beyond reasonable doubt.

“I am sentencing both of you to seven days’ jail and a fine of RM7,800 each in default 12 months’ jail,” she said.

On Nov 29, 2016, the two were sentenced to one month’s jail and fined RM200 by the magistrate’s court after pleading guilty to the offence under Section 44(1)(d) of the Animals Act 1953.

The two appealed against their jail term and on Aug 4, 2017, the High Court ordered that they be charged again for the offence as it said the conviction and sentence was not in accordance with amend ments to the Act.

The amended law provides for a maximum fine of RM50,000 or one year’s jail, or both, enhanced from a maximum of RM200 or six months’ jail, or both.

Deputy public prosecutor Kenneth Oon Kork Chern requested a deterrent sentence to “ensure that such an offence is not repeated”.

The accused’s lawyer Syahredzan Johan said his clients were senior citizens who had no income and depended on their children.

“They are remorseful and have promised not to repeat the offence.

“I hope imprisonment will not be a priority due to their ages and if a fine is imposed, I am requesting a RM5,000 fine each,” he added.

According to the statement of facts, Wong had asked Aw for help disposing of his pet dog in a mining area in Malim Nawar.

Aw then rode his motorcycle, with Wong riding pillion and dragging the chained dog.

However, when they arrived in Jalan Batu Sinar, a witness told the accused to release the dog, which had sustained severe injuries to its neck and legs.

Using her handphone, the witness recorded the incident, which prompted Wong to release the dog before he and Aw fled the scene.

According to the witness, the dog ran into a drain in fear.

The witness later called the veterinary clinic to provide emergency aid to the animal.