Nurbaiti Hamdan The Star 30 Oct 10;
SHAH ALAM: Wildlife smuggler Anson Wong had been cruel to the animals he intended to export, the High Court heard.
Deputy public prosecutor Mohd Dusuki Mokhtar told the court that 95 boa constrictors were all forcibly stuffed inside a bag.
This, he added, contradicted a judgment by a Sessions Court judge that the animals were “safe and healthy.”
“The animals were indeed abused. This shows an inhumane act by the offender. We have to be loving towards animals,” Mohd Dusuki said in his submission at the hearing of an appeal for a heavier sentence against Wong here yesterday.
The appeal was filed by the Attorney-General’s Chambers on Sept 8 following the disappointment expressed by various conservation groups with the sentence. They said Malaysia should show its earnestness in tackling wildlife trafficking.
Wong, 52, whose full name is Wong Keng Liang, was caught at the KL International Airport on Aug 26 trying to smuggle the boa constrictors to Jakarta.
He was sentenced to six months’ jail and fined RM190,000 on Sept 6 by the Sepang Sessions Court for smuggling the snakes without a permit.
Mohd Dusuki contended that the sentence delivered by the Sessions Court judge did not reflect public interest and therefore the judge had erred in his judgment.
Wong’s defence counsel Datuk Shafee Abdullah, in his reply, said his client, who had imported the boa constrictors from Hungary did not abuse the reptiles.
“The only thing he did not do was apply for a permit to export them. He is an animal trader.
“It happens that it is in fashion now to have a boa constrictor in the house. He did not deplete Malaysia or the world of endangered animals,” he said.
He added that the maximum penalty of seven years imprisonment and RM1mil fine should only be given to offenders in extreme cases such as those who ate brains of live monkeys or killed tigers for their body parts.
Justice Mohtarudin Baki fixed Nov 4 for decision.
Snakes also have rights, court told
Rita Jong The New Straits Times 30 Oct 10;
SHAH ALAM: Stuffing 95 boa constrictors into a suitcase which resulted in them having breathing difficulties was an inhumane way to treat the snakes, the High Court heard yesterday.
Deputy public prosecutor Mohd Dusuki Mokhtar said the snakes, too, had their rights.
He was submitting at the appeal hearing of businessman Anson Wong Keng Liang who was sentenced to six months' jail and fined RM190,000 for illegally exporting the boa constrictors.
Wong was sentenced by the Sepang Sessions Court on Sept 6 after he pleaded guilty to exporting the endangered species without a permit at the Kuala Lumpur International Airport (KLIA) in Sepang at 8.50pm on Aug 26.
The prosecution subsequently filed an appeal for a heavier sentence following an outcry from non-governmental organisations and the public.
Wong, 52, an international wildlife trader, was in KLIA on transit from Penang to Jakarta when the snakes were discovered in his suitcase.
Yesterday, Dusuki submitted that the lower court had failed to address the issue of public interest and the sentence was inadequate.
"Although it only involved exporting of endangered species, public interest demands that such a case be dealt with severely.
"The lower court judge took a wrong approach in sentencing. The appellant pleading guilty does not qualify him to an automatic 'discount'."
He said that animals should be treated with love and care. Therefore, the sentence must reflect public outcry.
Judge Datuk Mokhtarudin Baki then asked Dusuki as to how Wong had managed to obtain a licence to trade wildlife from the Wildlife Department in the first place, to which Dusuki replied he could not comment on that.
Wong's lawyer Datuk Seri Muhammad Shafee Abdullah, however, argued that the charge against his client was technical in nature and he did not abuse the animals.
"It is trite law that the maximum sentence must be reserved for the most heinous crime such as eating the brains of a live monkey, or gunning down a tiger for the sake of getting its penis for so-called medicinal benefits.
"In this case, my client merely did not obtain a licence to export the animals."
He said Wong had imported the boa constrictors legally from Hungary and they were not from Malaysia. Hence, there was no issue of him depleting a Malaysian species.
"He was not making sushis out of the snakes, or cooking them in a pot. He was merely a pet trader," Shafee said, adding that Wong was just an animal trader.
"It so happens that people seem to think it is fashionable to have snakes, or lizards as pets."
He said Wong had paid enough for his offence as his farm in Penang had been closed down by the Wildlife Department as a result of this case.
Mokhtarudin then fixed Nov 4 for decision.
Under the International Trade of Endangered Species Act 2008, Wong is liable to a maximum fine of RM100,000 for each animal, but the total fine should not exceed RM1 million or up to seven years' jail, or both.
In 1998, Wong was arrested in Mexico City and was extradited to the United States three years later where he was sentenced to 71 months' jail.
He had pleaded guilty to 40 counts of smuggling, conspiracy, money laundering and violations of US wildlife protection law.
It was dubbed as one of the largest cases of illegal trade in wildlife ever prosecuted in the US.
Appeal for heavier sentence put off to Oct 29
Ong Han Sean The Star 9 Oct 10;
SHAH ALAM: The High Court here has postponed to Oct 29 an application for a heavier sentence against convicted wildlife trafficker Anson Wong.
Justice Mohtarudin Baki set the new date after Wong’s new counsel Datuk Seri Muhammad Shafee Abdullah requested for the postponement yesterday.
Muhammad Shafee said he had just received a copy of the appeal records in the morning and needed more time to study them.
“They are expecting me to argue it today. This is completely unjustified,” Muhammad Shafee told reporters outside the court.
Deputy Public Prosecutor Mohd Dusuki Mokhtar objected to the request for postponement, saying the case was of public interest. He said he had also received the records on Wednesday.
Wong, 52, whose full name is Wong Keng Liang, was arrested at the KLIA on Aug 26 trying to smuggle 95 boa constrictors to Jakarta.
Wong, who is from Penang, was sentenced to six month’s jail and fined RM190,000 on Sept 6 by the Sepang Sessions Court for smuggling the endangered snakes without a permit.
On Sept 8, the Attorney-General’s Chambers filed an appeal, asking for a heavier sentence.
