rocket dead from poison.
Affidavit in opposition
Affidavit
of Joshua Kong of NRIC 48XXX3-12-50XX
Mayor
of Kota Kinabalu
Applicant
Kong
Yun Chee @
Joshua
Respondent
1.
I live at House No. XXX, Lorong XXX, Taman Sri Kepayan, 88300 Kota Kinabalu
together with my wife.
2.
I have no children.
3.
I am elderly and my age is 65 and wife is 69.
4.
We do not deny that we have been rearing dogs within our house compound.
5.
On 29th of July, 2013, it was the first time DBKK people came
over to the front gate of my house and two persons came forward to the gate.
6.
My dogs are very quiet and dogs being dogs when strangers approach the house,
they did whatever other dogs would do. My dogs naturally bark to notify
me and my wife of the strangers. The dogs being very sensitive to the
environment would also bark against alien people including the Indon maid in
the next house with extra extension to the partition fence doing her chores so
near the partition fence and also walking so near the partition fence in
addition to that the Indon maid would aggravate the tense situation by
threatening my dogs with waste water thrown at them etc and the right
neighbours also asked their friends and relative to come to their house walking
up and down the edge of their house so near ours and also the dogs would howl
at strange hours at night when they sense demonic charge in the air. All
these noises from the dogs can be accepted and tolerated as the benefits of the
presence of dogs in the neighbourhood would sort of bring security alertness
all the time.
7.
On that date 29th of July, 2013, I have a total of 6 dogs.
8.
My dogs never disturb anyone or anything as alleged that any action be taken
against them.
9.
Nobody was bitten or hurt.
10.
No properties were damaged.
11.
No one lost their hearing or their sleep as a result of the dog barking.
12.
I keep my dogs in complete good hygiene because if the hygiene was poor,
my dogs would have died.
13.
It is only natural for dogs to shit and urinate just like humans. It is
part of the natural process.
14.
I would be worried instead if my dogs do not shit and urinate.
15.
I had always kept my dogs within the compound and only one occasion when
the dogs managed to leave the premises only for limited few minutes due to the
contractor poor workmanship of the second internal partition gate. I
called them back and they came back obediently within minutes.
16.
The offer of compound is wrong and I should not have been compounded.
17.
I have now licenced the dogs and working as a freelance person and no fixed
source of income and do not have any pension to fall back on. My dogs
also partly depend on charity for their daily bread.
18.
In the premises above, the application to destroy my dogs should be dismissed.
19.
It would be cruelty to animals if the animals are shot and killed just because
they bark.
20.
Why am I the only victim when there are so many households that keep so
many dogs, cats and other animals like rabbit and poultry.
21.
Does it mean that the wild animals apart from dogs as pets should all be killed
by enforcement even the by-laws do provide for that and such by-laws were very
poor in consideration for the well being of society. Many more serious
crimes committed by human beings do not face immediate destruction or capital
punishment. Recently two men were jailed for two years for causing death
to Orang Utan in East Coast of Sabah. So what would be the equitable
treatment for human beings desiring the death of my dogs in the same vein of
the dead Orang utan?
22.
Complainants are not my neighbours as they have not responded to my circulars
twice since 25th of December, 2013 with an enclosed copy and the two
complainants namely Puan Mariana and Puan Susie Soh have not responded to my
text messages and no statements based on the incomplete complaint forms are
available for this case to go to the Courts.
23.
One of the two complainants (both forms incomplete) by the name of
Pn Susie Soh possibly linked to Soh See Yee – a criminal at large of several
Police Reports - is just another closer indication of the Criminal conspiracy
against me via the excuse of my dogs. A Police Report is enclosed.
24.
There are two valid Dogs Ordinance 1960 (Sabah No. 24 of 1996) and Kota
Kinabalu Municipal Council (Registration and Control of Dogs) by-laws, 1963
have been observed with variances and inconsistencies. So which one
should be applied ?
25. Despite several actions by DBKK to take my
dogs by force which did not happen and DBKK could not reply to my letter of 17th
of January, 2014 over two important visits by the Minister in charge of DBKK
and senior DBKK officers on 26th of September, 2013 and 24th
of December, 2014 respectively.
26.
The Application of the Mayor in the Magistrate Court with the Affidavit in Support
of the Application to destroy my dogs are not in compliance of the Enactment
No. 15 of 1996 in clause 5 (3) without the Seal of the Mayor attached thereon. Also the Mayor had acted under unreasonable
demands and instigation of others.
Prepared
by Joshua Y. C. Kong 19/2/2014
