Kota Kinabalu: Two animal activists have filed leave for judicial review against City Hall’s decision to no longer proceed with the TNR (Trap, Neuter, Release) policy on stray/free-roaming dogs in the city.
The applicants, Michele Meyer and Sophia Chan Yuk Oi, named Mayor Datuk Noorliza Awang Alip as the sole respondent in the ex-parte application for leave for judicial review filed at the High Court registry via e-filing on July 18.
In their statement of claim, the applicants referred to the Mayor’s recent statement regarding the status of animal welfare in KK and the current situation regarding the management of the City Hall dog pound and the humane dog population management and; City Hall’s alleged changing its policy regarding the treatment of stray/free-roaming dogs.
The applicants also cited Section 18 of the Animal Welfare Enactment 2015 on Cruelty Offences to Animals and Section 19 of the same Enactment on the killing of animals.
The act of the respondent in abandoning the TNR policy and killing and putting down healthy dogs is unlawful, ultra vires and illegal.
There is no reason or excuse or justification and cruel action of the respondent claimed the applicants.
The applicants are seeking an order of certiorari to quash the decision of the Respondent to discontinue or abandon or no longer proceed with the TNR policy;
They also seek an order of certiorari to quash the respondent’s decision to kill and put down dogs in contravention and in breach of Sections 18 and 19 of the Animal Welfare Enactment 2015 (Sabah No. 9 of 2015).
The applicants also seek an order of mandamus to the respondent to reinstate restore and continue the TNR policy;
They also seek an order of prohibition against the respondent from discontinuing or abandoning to proceed, continue or implement or carry out the TNR policy in the district of Kota Kinabalu.
The applicants also seek a declaration that the abandonment and discontinuance and termination or delay of TNR policy by the respondent is illegal and in contravention of Sections 18 and 19 of the Animal Welfare Enactment 2015.
They also seek a declaration that the resumption of putting down and killing dogs within the Kota Kinabalu District is unlawful, illegal and in contravention of Sections 18 and 19 of the Animal Welfare Enactment 2015.
The applicants also seeks costs and any other relief deemed fit and necessary in the circumstances.
The application filed by counsel Marcel Jude has been set for e-review on Aug. 19.
