Kota Kinabalu: A 31-year-old driver who rammed into a Pinscher Mixed dog and killing it, was fined RM5,000 in default six months’ jail.
Sessions Court Judge Elsie Primus meted out the sentence to Bong Chin Heng who pleaded guilty, Wednesday.
Bong had rammed into the 12-year-old dog named Crystal, between 8am and 9am on June 14 at the Taman Saga area in Jalan Kolombong, Inanam.
The offence under Section 18(1)(e) of the Animals Welfare Enactment 2015 carries a fine of up to RM100,000, or a jail term of up to three years, or both, on conviction.
During mitigation, counsel Kenny L. Chia who together with counsel Adrian Cham defended Bong, asked for leniency saying that Bong has no intention of ramming into the dog.
Chia told the court that Bong had intended to apologise and compensate the dog owner.
He asked for a bond of good behaviour to be imposed on Bong.
However, Prosecuting Officer Francis Palikat urged the court to impose an appropriate sentence.
The court heard that on June 14, the complainant received a call from her husband that Crystal was hit by a car and died.
The complainant then buried the dog on the same day in Kg Sinulihan, Inanam and on June 16, lodged a police report pertaining the incident.
On June 20, enforcement team from the State Veterinary Services Department conducted an investigation and also went to the place where the dog was buried and took it to the diagnostic laboratory for post-mortem to find out the cause of death.
Further investigation revealed that there was an eye witness who saw the incident and the car which hit the dog was driven by Bong.
The cause of the dog’s death was cracks on its ribs.
CCTV footage of a house also showed that Bong did nothing after hitting the dog and left the scene.
