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….  into believing that they do not have the powers of prosecution and I was feeling really sorry for them that we put so much pressure on them. World Society for the Protection of Animal were in Sabah over the weekend carrying out their own inspection and they were told that the difference in the system between Sabah and the Selangor state in West Malaysia was that in Sabah the DVS unlike W. Malaysia does not have the power of prosecution only the police have that and DVS only has the power of confiscation.. However the Cruelty to Animals (Prevention) Ordinance Sabah Cap.31, Point 4. clearly states that ‘Any Government Veterinary Surgeon, Veterinary Inspector or other officer of Government appointed by the Minister in that behalf and any police officer in whose view an offence has been or is being committed against the provisions of the preceding section [see 3. (e)] may arrest the offender without warrant, and any animal in respect of which and any conveyance or article with or by means of which such offence has been committed may be seized by such officer’ This means that the DVS Officers are absolutely in power to begin the prosecute process and confiscate the Owner as ‘person in charge’ of the Ranch for cruelty to the Horses. Therefore we really must keep the pressure up on DVS to go forward for a prosecution of the owner of the Ranch and confiscation of all of the remaining horses. The Owner should be retrospectively prosecuted for the horses that died whilst under his care at the Ranch between June 2007 and January 2008 and we are currently looking into this with a lawyer from the AG Chambers and Sabah based lawyer. If this case had been visited by the DVS in KL there would have been a prosecution and total confiscation. Under the circumstances at the moment the Owner of the Ranch is now profiting for the cruelty he has caused to the horses in his care, by being able to sell these horses on.  This individual should not be allowed to keep horses. The Sabah Ordinance is superior to the Animal Ordinance 1953 that KL uses, the fine is heavier, and the cost of confiscation and further treatment is charged to the owner once prosecuted. It also makes clear reference to being able to appoint the SPCA Selangor as a ‘pound or infirmary’ to place the Horses in their care during the prosecution process.