Woman fined for spraying insecticide at neighbour's bird after long-running dispute over alleged noise
The prolonged spraying caused the bird, which already had an existing condition, to cough and develop breathing difficulties. It died six months later.
File photo of a red-whiskered bulbul, known locally as a Jambul. (Photo: iStock)
Lydia Lam
13 Jun 2023 12:41PM (Updated: 13 Jun 2023 01:52PM)
SINGAPORE: A woman who had a long-running dispute with her neighbours over their pet birds took a can of insecticide and sprayed it upwards at two birds, with the help of a fan blowing the mist up.
However, a passer-by saw what happened, took videos of the incident and told the bird owners what happened.
The perpetrator Chee Huiru, 41, was fined S$8,000 (US$6,000) by a court on Tuesday (Jun 13) for one count under the Animals and Birds Act of wantonly committing an act that caused unnecessary pain and suffering to a Jambul bird.
As a result, the bird named RSM, or Regimental Sergeant Major for its loud voice, suffered from breathing difficulties and its existing cough worsened.
The bird died six months later aged between four and six years, but it cannot be proven that its death was due to the spray, despite its owner saying that his Jambul birds could usually live up to 17 or 20 years.
Chee had initially claimed trial to her charge, but decided to plead guilty after hiring lawyers from Invictus Law.
The court heard that Chee lived in a flat on the third floor at Block 133, Edgedale Plains. She and her husband had a long-running dispute with their neighbours who lived directly above them, over their pet birds.
Chee and her husband had lodged several complaints with the Housing Board, the National Parks Board (NParks), their Member of Parliament and their Town Council about the birds and the noise they purportedly made.
At about 2.30pm on Nov 11, 2021, a passer-by Mr Rahmat Ismail was walking past Chee's block of flats when he saw a hand extend out of Chee's unit, holding onto a Baygon can and spraying it towards two birds in cages hung outside the flat above.
There was a fan placed on the ledge of the window, blowing air upwards and dispersing the spray towards the birds.
Mr Rahmat took two videos of the incident before approaching the unit where he saw the birds. He told the resident what happened and the bird owner's wife lodged a complaint with NParks.
WHAT HAPPENED TO THE BIRD
One of the birds that had been sprayed at was a red whiskered bulbul, or a Jambul, by the name of RSM.RSM had been placed at the window to be sunned as he was coughing. It developed breathing difficulties because of the spraying.
RSM's owner took the bird to a vet for treatment and it was diagnosed with breathing issues after being exposed to inhalant aerosols.
RSM did not respond to treatment and died six months later.
NParks prosecutors asked for a fine of between S$8,000 and S$10,000.
Mr Lim Chong Hui said there was admittedly no evidence that Chee's actions had led to RSM's demise, but cited several aggravating factors.
He said it was clear that in choosing to use Baygon, Chee's intention was at the very least to harm the birds.
"In this regard, the vet that examined RSM actually noted that birds generally have a very sensitive respiratory system and any form of aerosol sprays can potentially be hazardous to them," he said.
Common signs of aerosol inhalation include sudden death, depression and restless behaviour, said Mr Lim.
He added that it was not a quick spray in a flash of anger, but a total of three sprays where she kept the plunger depressed, with clearly visible plumes.
"It is a senseless and gratuitous act that aggravated RSM's existing condition and caused him pain and suffering," said Mr Lim.
MITIGATION
Chee's lawyers, Mr Josephus Tan and Mr Cory Wong, asked for a fine of not more than S$5,000 instead.Mr Wong said his client's intention was not as far as to kill the bird. He said she is remorseful and was pleading guilty after having the benefit of legal representation.
The judge said pet owners are entitled to the protection of the law from harm caused to their pets.
He agreed with the prosecution that there was a high degree of premeditation and that Chee's acts were clearly deliberate.
"At the heart of the present case is the unhappiness of the accused over the noise caused by her neighbour's birds," he said.
He agreed with the prosecution that such matters are best settled through peaceful means, instead of Chee taking the law into her own hands.
"Actions such as the one taken by the accused will not resolve the situation and will only serve to further aggravate matters. I hope the accused has learnt her lesson," said the judge.
Source: CNA/ll
