Court denies bail for insurance agent charged with wildlife trafficking

The Sepang Sessions Court has charged an insurance agent with exporting endangered animals, including a black-handed gibbon and two cuscus, without a permit, as well as animal cruelty.

Judge Ahmad Fuad Othman also denied S Balachandran bail as the court heard that the accused had earlier intimidated a Wildlife and National Parks Department (Perhilitan) officer.

Balachandran, 47, claimed trial to four charges, where two counts were under Section 86(1)(c) of the Wildlife Conservation Act 2010, for keeping the animals in a manner that caused them undue suffering.

The provision carries a penalty between RM50,000 and RM100,000 or a maximum of three years imprisonment or both.

The other two charges are for exporting the animals without a special permit, under Section 71 of the Act for the gibbon and Section 65 for the cuscus.

Section 71 carries a maximum 15 years imprisonment and a fine between RM20,000 and RM1 million for each affected animal protected wholly or partially under the Act.

Section 65 carries a maximum one-year jail and a fine between RM20,000 and RM50,000.

Balachandran was accused of committing all the offences at Kuala Lumpur International Airport (KLIA) Terminal 1 on Sept 26 around 10.10pm. 

The black-handed gibbon or its scientific name Hylobates agilis, is a protected primate under the Second Schedule of the Act, while the cuscus, a type of marsupial, is protected under Schedule One of the same Act.

Earlier, the three endangered animals, which have been under Perhilitan’s protection since they were seized on Sept 28, were brought to court in cages just before the proceeding began, drawing the attention of those in the public gallery.

The black-handed gibbon appeared sombre as the court proceeding took place. The animals were removed from the court after the proceeding ended.

Intimidating officers

In denying bail, the judge said the law stipulates that authorities carrying out their duties must be respected.

“(The accused) took such (intimidating) action to deny (the officers) their right to carry out their duty, which could amount to an obstruction of justice, an offence under the Penal Code,” Fuad added.

The judge further said that the enforcement authorities, including investigating officers or Perhilitan officers, should not be made to fear being disturbed in performing their duties.

During mitigation, Perhilitan prosecutor Danial Munir submitted that the accused’s actions caused the investigating officer to feel threatened and led to a police report.

He told the court that there are risks posed if the accused was granted bail, as such incidents have occurred before.

“(During investigation) the accused and his lawyer had pestered for his phone and passport to be returned.

“The investigating officer had no choice (at that time) but to adhere to their pestering out of fear for her safety, and lodged a police report following the incident.

“This warrants enough circumstances for bail to be dismissed,” he said.

However, Danial also suggested that the court consider ordering RM100,000 global bail for the accused with an additional condition preventing him from disturbing prosecution witnesses, if the court decided to allow bail.

Lawyer says client poorly treated

Balachandran’s lawyer, Leon Dinesh, argued that they had only asked for his client’s phone to make one phone call.

He highlighted that his client was not treated well under the care of the authorities, as he was not given drinks or food throughout his detention.

“My client is a victim of circumstances. He has no prior criminal case. He is a religious man who is always serving in temples. He has diabetic issues and is 90 percent blind in his right eye.

“We pray for the court to consider RM6,000 bail for each charge,” he said.

At the end of the proceeding, the judge fixed Oct 31 for case mention.

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