Activists seek court order for documents on elephant transfer to Japan

A group of activists filed an application at the Kuala Lumpur High Court today seeking agreements and documents related to the transfer of three Malaysian elephants, known as Dara, Amoi, and Kelat, to Tennoji Zoo in Osaka, Japan.

One of their lawyers, Rajesh Nagarajah, said the pre-action discovery application was filed after the Natural Resources and Environmental Sustainability Ministry and the Wildlife and National Parks Department (Perhilitan) refused to hand over the requested documents.

He said both agencies had cited the Official Secrets Act 1972 (OSA) in rejecting their requests.

"We have waited very patiently for so long. All three elephants were sent to Japan in March, and there is still no resolution.

"When we requested the documents from government offices, we were not provided with them," Rajesh (below, right) told a press conference in Petaling Jaya today.

Rajesh represents activist Shereen Yunos (above, centre) and three others, who want to establish the process and basis for the transfer of the three elephants, collectively known as DAK, to Japan.

He said the application was filed before any main lawsuit because the activists needed the documents to determine the grounds for further legal action.

Dara, Amoi, and Kelat were relocated from Taiping Zoo & Night Safari to Osaka's Tennoji Zoo in March under a cooperation programme between the two zoos.

They gained widespread public attention after various quarters raised concerns about the elephants' living conditions in the zoo, including wounds reportedly seen on Dara and behavioural changes observed in Amoi.

Amid growing concerns, the zoo released a series of photos showing the three elephants supposedly living well under its care.

The zoo, however, did not directly address questions on its track record in elephant care, where critics have pointed to the case of Hiroko, an Asian elephant who reportedly lived alone for years before dying in 2018, purportedly due to an untreated chronic foot condition.

Why OSA?

Another lawyer representing the activists, Sachpreetraj Singh, said the documents sought included a full copy of the contract or agreement between the Malaysian authorities and Tennoji Zoo on DAK's transfer.

They are also seeking payment records or financial transactions, veterinary reports and health certificates, customs records, permits, and transfer approval letters.

In addition, they want to obtain Taiping Zoo's official records on the origins, ownership, registration, and care of the three elephants before their transfer.

Sachpreetraj (below) said the documents were necessary as they believed there were unanswered questions surrounding the transfer.

"We have strong grounds to believe there is more than meets the eye. There are things we do not know about DAK's transfer," he said.

Rajesh said the activists wrote to the ministry and Perhilitan on Sept 8 seeking the documents.

He said the ministry responded on Sept 14, followed by Perhilitan the next day, with both agencies stating that the documents were subject to the OSA.

Rajesh disputed the justification, arguing that the transfer of three elephants had no connection to national security.

"This is an issue about three elephants. What does it have to do with the OSA?

"This is an excuse given by the ministry and Perhilitan so that they do not supply documents to the public," he alleged.

He added that classifying documents under the OSA did not necessarily prevent them from being produced in court, where their classification could be examined.

Rajesh said the activists also wanted to know which officers and ministers approved DAK's transfer and whether any payments were made as part of the deal.

He claimed there was a contradiction between the authorities' explanation of the nature of the agreement and the possibility of financial transactions.

"If there was no exchange of money, please inform us. If there was an exchange of money, please inform us as well. We must have transparency," he said.

Under probe

Previously, the MACC said it has opened an investigation into the transfer of the three elephants.

It said the probe is focusing on the ministry, Perhilitan, and the agent involved in arranging the transfer.

This followed calls by a wildlife rights group on June 18, which urged the anti-graft agency to investigate the transfer.

READ MORE: MACC urged to probe 'anomalies' in elephants' transfer to Japan

After obtaining the documents, Rajesh said they plan to file a civil suit against the Natural Resources and Environmental Sustainability Ministry, Perhilitan, the Taiping Municipal Council, and Taiping Zoo.

Through the suit, they intend to seek a declaration that the approval for DAK's transfer was unlawful and should be set aside.

"When the permission is set aside, they will no longer have authorisation to send the elephants. This means the elephants must be returned.

"To prove that the transfer was unlawful, we need all these documents," he said.

Rajesh estimated that the discovery application would take between three and six months to resolve.

However, he said all court actions would be withdrawn if the government brings DAK home earlier.

‘Meeting request ignored’

Meanwhile, Shereen said court action was chosen after various efforts, including petitions, demonstrations, and submitting two expert reports to the ministry, failed to yield the desired results.

"I tried several times to request a meeting with the (natural resources and environmental sustainability) minister, Arthur Joseph Kurup, but was ignored.

"For the sake of Dara, Amoi, and Kelat, we as activists and Malaysians are forced to go through the courts because this is the only way to get answers from the government and agencies involved," she said.

In April, Arthur (below) urged parties who signed the agreement for the elephants’ transfer to “seriously consider” the need to return the animals to their original habitat.

He said their return from the zoo in Osaka should be planned if it is found that the arrangement does not align with wildlife conservation principles, animal welfare, and current sensitivities.

However, he conceded that as an external party to the 2022 agreement between two private entities, the ministry has no legal authority to enforce termination or mandate the elephants’ return.

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