
S Balachandran was slapped with the charges under Sections 65 and 71 of the Wildlife Conservation Act 2010 for not having a special permit to import the agile gibbon and not possessing licences to import two cuscuses, respectively.
Gibbons and cuscuses are protected species under the law due to deforestation.
Gibbons are found in Thailand, Indonesia and Malaysia, while cuscuses originate from Papua New Guinea and northern Australia.
Balachandran also faces two charges under Section 86(1)(c) of the same legislation for keeping the primate and marsupials in a manner that caused them unnecessary suffering.
If found guilty of not possessing the permits and licences, he will face a fine of between RM20,000 and RM50,000, as well as a jail sentence of less than one year.
Meanwhile, the penalty for causing unnecessary suffering is a fine of between RM50,000 and RM100,000 along with a jail sentence of less than three years.
Judge Ahmad Fuad Othman denied bail to Balachandran after deputy public prosecutor Danial Munir told the court that the accused person had “intimidated” a wildlife and national parks department (Perhilitan) officer during the investigation process.
Danial added that Balachandran and his lawyer TL Leon Dinesh “pressured” and “forced” the officer to hand over Balachandran’s passport and phone.
He said the officer in question had lodged a police report on the alleged intimidation.
Leon however denied the allegation, saying Perhilitan officers had kept Balachandran in custody for the whole day without food or drinks.
“We just want to clarify what power Perhilitan had to seize my client’s phone,” he said, adding that he had lodged a police report to deny the claim.
In denying bail, Fuad said the laws empowering enforcement officers also empowered Perhilitan to carry out its duties without fear or favour.
“If members of the public take matters into their own hands then this constitutes an obstruction of justice,” he added.
The court set Oct 31 for the next mention.