Two men, both senior citizens, were each sentenced to seven days’ jail and fined RM7,800, in default of 12 months’ jail, by the Kampar magistrate’s court yesterday after they were found guilty of ill-treating a dog.
- Dragged dog chained to a motorcycle for 2.3km
- Motive was to get rid of dog
- Dog died of severe injuries
Magistrate Nur Faizah Muhamad Saleh meted out the sentence to Wong Then Yoong, 67, and Aw Soon Fatt, 66, after finding them guilty on a charge of cruelty to an animal.
The two men were alleged to have dragged a dog chained to a motorcycle for 2.3 km along Jalan Batu Sinar, Bandar Baru Kampar, at 11am on Nov 11, 2016, causing the animal to suffer and be in pain.
Succumbing to severe injuries, the dog died at a veterinary clinic the next day.
The pair were charged under Section 44 (1)(d) of the Animals Act 1953, read together with Section 34 of the Penal Code.
Deputy public prosecutor Kenneth Onn had requested for a deterrent sentence.
“The dog was in pain and suffering when the accused carried out the act.
“A heavy sentence should be imposed, and this should be a warning to the community to ensure such an offence is not repeated,” he added.
In mitigation, lawyers Syahredzan Johan and Louis Liaw, representing Wong and Aw, said their clients were senior citizens who had no income and depended on their children.
“They are remorseful for their actions. The motive was not to kill the dog but to abandon it.
“I hope imprisonment will not be a priority due to their ages and if a fine is imposed, I am requesting an RM5,000 fine each,” he added.
This is the second time Wong and Aw were charged.
On Nov 29, 2016, they had pleaded guilty to the charge and was sentenced to a month’s jail and fined RM200 each by the magistrate’s court for the offence, made under Section 44 (1)(d) of the Animals Act 1953, which provided a maximum fine of RM200 and jail of not more than six months, or both, upon conviction.
However, the duo appealed to the Ipoh High Court against the sentence and on Aug 4 last year, the court ordered a retrial of the case on grounds that the conviction and sentence were not in accordance with amendments 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.
When the charge was read out to them again on Aug 24 last year, the two men pleaded not guilty and claimed trial.
According to the statement of facts, Wong had asked Aw for help in 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 serious 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.