An activist has turned to the Court of Appeal to hold the Wildlife and National Parks Department (Perhilitan) accountable for fatally shooting dusky leaf monkeys nearly three years ago.

Negeri Sembilan native Nurul Azreen Sultan and animal rights group Pertubuhan Hak Asasi Hidupan Liar Malaysia (Hidup) filed the notice of appeal on Tuesday last week.

The two appellants' counsel Rajesh Nagarajan confirmed with Malaysiakini on the appeal targeting a Seremban High Court dismissal of their civil action.

On Oct 30, judicial commissioner Mohamad Haldar Abdul Aziz threw out the lawsuit.

In her witness statement to support her suit, Azreen expressed her sadness and shock on seeing the culling of the endangered animals behind her home at Taman Raja Zainal, Port Dickson, on May 19, 2021.

Perhilitan and four other defendants in their statement of defence, contended that the culling of the monkeys was on the heels of public complaints over the purported aggressive behaviour of the animals.

The defendants, which included the Energy and Natural Resources Ministry, claimed that they received public complaints about several incidents of monkey attacks on people and damage to property since January 2021.

On July 23, 2021, Azreen and Hidup filed a civil action over the culling of allegedly 20 dusky leaf monkeys.

In a previous press conference, Rajesh claimed that previous political negotiations and petitions filed by animal rights and wildlife rights advocates had proven ineffective.

He added that with the help of animal rights lawyers, Hidup is seeking recourse from the judiciary in bringing forth cases of wildlife abuse.

Historical first

According to animal rights lawyer Sachpreetraj Sohanpal, the case represents a historical first where animal rights activists have taken wildlife authorities to court over wildlife issues.

Perhilitan, however, denied accusations that it killed 20 of the endangered animals and clarified that the department had only killed seven monkeys that had been disruptive in the area, as previously reported by Free Malaysia Today.

They also added that none of the dusky leaf monkeys killed were juveniles.

Perhilitan previously said it had considered all angles and had attempted to trap the monkeys unsuccessfully before the culling occurred.

Dusky leaf monkeys are protected under the Wildlife Conservation Act 2010 as endangered species, which provides for the protection and conservation of wildlife.