Dog owner loses appeal over pet’s death during MBPP raid

Butcho, a 15-year-old dog, died in custody at Batu Ferringhi, Penang during a stray dog operation conducted by the Penang Island City Council (MBPP). The High Court in Penang recently dismissed the dog owner's appeal for compensation, ruling that the MBPP was authorized to seize the canine after discovering it unlicensed and uncollared on a public beach.

Justice Wendy Ooi upheld the sessions court's dismissal of K Chendeladevan's claim for general, aggravated, and exemplary damages against MBPP. The court found that Butcho had died of old age and natural causes, rather than as a result of abuse or neglect by MBPP officers. The judge also rejected the owner's argument that the MBPP owed him a duty of care during the seizure.

MBPP contended that it would be unreasonable to expect local authorities to verify ownership of every uncollared and unlicensed dog found in public places before taking enforcement action, as this would impose an "onerous obligation" on them. The court noted that MBPP had received complaints about stray dogs in the area, including reports of tourists being bitten, but ultimately dismissed the appeal and affirmed the sessions court's decision.