Kota Kinabalu: A 78-year-old septuagenarian was fined RM4,000 or jailed two months for cruelly beating a dog which killed his two turkeys and also to protect himself.
Sessions Court Judge Amir Shah Amir Hassan handed the sentence to Yong Chen Fah @ Joseph Yong, who pleaded guilty to the charge against him on Monday.
Yong had cruelly beaten, abused, tortured and frightened the dog at 1.30pm on Dec 31, 2024 at a house in Taman Donggongon, Penampang.
The offence under Section 18(1)(a) of the Animals Welfare Enactment 2015 provides for a fine of up to RM100,000, or a jail term of up to three years, or both, on conviction.
In mitigation, Yong who was not represented asked for the lowest fine to be imposed on him saying that he is already old and lives alone in the house as his wife is sick with kidney disease and frequently goes in and out of the hospital.
He told the court that he hit the dog because it entered his property and bit and killed his turkey.
“I did not hit the dog when it was outside my property or the owner’s property. I tried to chase the dog away, but it refused to run and even tried to attack me. That is why
I hit the dog, to protect myself, as I am old and live alone in the house,” he said.
Yong, who admitted his mistake, paid the fine.
However, Prosecuting Officer Francis Palikat urged the court to imposed an appropriate punishment on Yong as a lesson to him and to prevent others from committing a similar offence in the future.
According to Francis, Yong had provided good cooperation throughout the investigation process.
However, he said the issue of animal welfare or cruelty involves public interest, as evidenced by the high fines imposed on offenders under the Animal Welfare Enactment 2015.
“In this case, Yong has taken excessive action by beating the dog that had killed two of his pet turkeys, causing injuries and posing a risk of permanent disability or death to the dog if it had not been saved in time,” said Francis.
The court heard that on Dec 31, 2024 between 1.30pm and 2.15pm, the dog owner, Brandon Tim Tony, along with his sister Bethany Maelory Tony and cousin Jeraldyn Teresa Monique, spotted their dog named Coby, a Siberian Husky, lying motionless and weak with blood on its head and mouth inside a fenced house in Penampang.
Upon seeing Coby in such a severely injured condition, Tim had to climb over the fence to rescue the dog and immediately contacted his mother to inform her about the incident.
Tim together with his family then brought Coby to Sabah Animal Medical Centre (SAMC) Penampang and subsequently to SAMC Luyang on the same day for immediate treatment.
Tim’s mother, Mary Jim filed a police report regarding the incident at the Penampang Police Station on the same day.
Investigation revealed that Yong was the person responsible for the act on the dog and he admitted to injuring the dog by throwing stones and hitting its head four to five times with a stick until the dog collapsed and became weak.
It was also revealed that Yong committed the act out of anger because the dog had bitten two of his pet turkeys to death and attempted to attack him.
Yong also filed a police report regarding the incident at the Penampang Police Station on the same day.
According to the veterinary examination report from SAMC Luyang, which treated the dog, it suffered from “Optic nerve neuritis” in the right cornea due to traumatic injury.
Additionally, there were injuries to the forehead, a broken left molar tooth, and severe ulcers in the right eye. The dog also underwent treatment for “corneal repair” and a “third eyelid flap” because its right eye ruptured.
Therefore, the accused, Yong, has cruelly beaten, abused, tortured and frightened the dog.
It was learnt that the dog’s owner would also been charged next week.