KUALA LUMPUR: The Kuala Terengganu High Court has dismissed a lawsuit filed against the Besut District Council (MDB) and the Terengganu state government over the death of a dog named ‘Kopi,’ that was shot and killed by local authorities two years ago.
Lawyer Adam Luqman Amdan, who represented the MDB, told the media that the decision was delivered by Judicial Commissioner Yusrin Faidz Yusoff via a Zoom proceeding here on Thursday (Feb 26).
The lawsuit was filed by four activists; Dr Kartini Farah Abdul Rahim, S. Mukunnan, Hong Hai San and Shashi Kumar (in his capacity as a representative from the Selangor Stray Dogs and Cats Welfare Association) on Dec 10, 2024.
Claiming that the shooting of Kopi violated the Animal Welfare Act (Awa) 2015, they named the MDB and the Terengganu government as the first and second defendants.
According to Adam Luqman, JC Yusrin Faidz said that the plaintiffs had no locus standi to file the originating summons as none of them were residents of Besut and that they did not demonstrate any real and genuine interests in the subject matter.
Adam Luqman said the court was of the opinion that the phrase "notwithstanding subsection (1)" in Section 30(2) of the Awa was a clear legislative exception permitting killing and shooting with firearms for all circumstances under the Section for animal population control.
"The court held that the shooting of animals for the purpose of animal population control is in accordance with the provisions of Awa 2015 and Section 9(1) and (2) of the Besut District Council's dog licensing by-laws," he said.
In the decision, the court also found that the Terengganu state government was not vicariously liable in this case.
In the originating summons, the plaintiffs sought a declaration that the act of shooting the stray dog using a firearm by the council is in violation of Section 30(1) and the shooting under Section 30(2) of the Awa is prohibited.
They claimed this is because Section 30(1) stipulates that shooting using a firearm against any dogs, cats or other animals is not allowed and that it is only sanctioned by the veterinarian in an emergency or for disease control purposes.
Kartini Farah, who affirmed an affidavit in support, said that the residents around Besut were shaken at about 1.30am on Oct 6 by the sound of several gunshots.
The residents, who went out to investigate, saw three officers driving around the area in a pick-up truck. After the shootings ended, the locals found Kopi lifeless and left behind with shot wounds.
Kartini Farah said the council had issued a statement on Oct 13, citing that the shooting on Kopi was done in accordance with the law and the standard operating procedure in handling stray dogs.
However, a Facebook account "My Forever Doggo" shared a video post with a 52-second duration that showed Kopi died from serious injuries.
Kopi became a four-legged celebrity after one of her feeders Abby Razali uploaded a video of the dog playing with a kitten on TikTok.
