KUALA LUMPUR, Sept 13 — The Selayang Sessions Court here ordered a contract worker to enter his defence on the charge of ruthlessly or unreasonably causing pain or suffering to the animal.
Judge Rasyihah Ghazali made the ruling against K. Ganesh, 42, after finding the prosecution has successfully proven a prima facie case at the end of the prosecution case.
“After hearing and examining the prosecution’s witnesses and the exhibits, the court found that the prosecution has succeeded in proving a prima facie case against the charge. Thus, the court ordered the accused to enter his defence,” she said.
The court set September 30 for the accused to enter his defence.
When asked by Justice Rasyihah how many defence witnesses would be called to testify, the accused said five including himself.
He also said that the lawyer representing him was not present in court yesterday.
Justice Rasyihah said the proceeding would still commence even without the presence of a lawyer to represent the accused.
She also explained that the accused had the option to defend himself by giving a sworn statement from the witness stand, or to give unsworn statement from the dock or choosing to remain silent.
Ganesh, along with another man, were charged with causing unreasonable suffering to a cat at a laundry facility in Taman Gombak Ria, Batu Caves, between 12.54am and 1am, on September 11, last year.
The charge pursuant to Section 29 (1) (e) of the Animal Welfare Act 2015 punishable under Section 29 (1) of the same act and read together with Section 34 of the Penal Code, carries a maximum fine of up to RM100,000 or imprisonment of up to three years or both, upon conviction.
Eight prosecution witnesses testified at the trial which commenced on August 30, 2019. Deputy public prosecutors Nurul Ain Shafie and Roslan Mohd Isa prosecuted.
A closed-circuit television (CCTV) camera’s footage showed the brutal act of three individuals killing the cat by stuffing it into the dryer, went viral on social media, before the Malaysian Animals Association made a police report and the accused were subsequently detained by the police. — Bernama