NGO loses bid to challenge AG’s ‘NFA’ decision in monkey porn case
Published on: Tuesday, August 22, 2023
By:
Ho Kit Yen, FMT
The High Court dismissed Hidup’s bid to initiate judicial review proceedings, holding there was no direct evidence to show the suspect had committed the offence. (Freepik pic)
Kuala Lumpur: The High Court has denied an animal rights group leave to challenge the attorney-general’s (AG) decision not to bring criminal proceedings in a case involving the torture of baby long-tailed macaques.
Justice Ahmad Kamal Md Shahid refused Hak Asasi Hidupan Liar Malaysia’s (Hidup) application for judicial review, holding that the group had failed to show that the AG had exercised his powers unreasonably.
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“The confession of a suspect was not proven and was merely hearsay.
“No direct evidence was adduced to prove the suspect had committed the offence,” he said, pointing out that Telegram screenshots, videos and a police report presented to court did not establish “compelling” prima facie evidence.
Kamal added that the NGO had wrongly named the AG’s Chambers, police and government as respondents in its application.
“The decision to classify the police report as NFA (no further action) came from the deputy public prosecutor or, in other words, the AG himself,” he said, adding that the police and government were not the decision makers.
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The court made no order to costs.
Lawyer Pavitra Loganathan represented Hidup, while senior federal counsel Ahmad Hanir Hambaly appeared for the AG.
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The application for leave was filed in June, seeking a review of the AG’s decision not to prosecute a suspect in the case.
The group wanted the court to quash the AG’s classification of the case as “NFA” and to direct that he pursue criminal charges against the suspect.
They alleged that an investigating officer had told Hidup’s Dr Kartini Farah Abdul Rahim that the suspect had admitted to torturing monkeys during investigations.
The suspect is alleged to have recorded the torture and sold the footage on a Telegram group named “Monkey Haters”, which charges a fee to subscribers who wish to watch such videos in full.
On April 5, Shah Alam criminal investigation department (CID) director Shukri Ayob confirmed the AGC’s decision to classify the report as “NFA”.
His letter stated that investigation papers had been referred to the deputy public prosecutor’s office on March 30.
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