Man who threw two dogs from fifth floor acquitted of animal cruelty

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Man who threw two dogs from fifth floor acquitted of animal cruelty

PUBLISHED : Monday, 27 January, 2014, 7:30pm
UPDATED : Monday, 27 January, 2014, 8:38pm

Sijia Jiang [email protected]

Lam Yiu-Hang, who threw two dogs out of the windows of his fifth-floor home, is acquitted of animal cruelty in Sha Tin Court. Photo: SCMP pictures

A man who threw two dogs out of the window of his fifth-floor home in a rage has been acquitted of a charge of animal cruelty after a court ruled that he was unable to control himself due to illness.

The two dogs died after Lam Yiu-Hang, 35, threw them from his family’s luxury residence in Tai Wai in the morning of October 18, 2012, Sha Tin Court heard on Monday.

His mother called the police after failing to restrain Lam, who had also smashed the furniture in the flat.

Deputy Magistrate Ho Chun-yiu described the case as “very tragic”, saying Lam caused unnecessary pain to the dogs. But he acquitted Lam of cruelty to the animal on the grounds he could not control his behaviour at the time.

Defence counsel Kevin Egan said Lam has been wrestling with grand mal epilepsy originating from encephalitis, an acute inflammation of the brain that he picked up when he was 18.

“It gives him severe mood swings,” Egan said, “It was during one of these episodes that he threw them [the dogs] off the balcony.”

Citing a report by psychiatrist Chung Wai-sau, Prosecutors earlier told the court that Lam was “aware” of what he was doing at the time. But Egan argued there was a difference between being aware of one’s behaviour and being able to control it.

In a report submitted to the court by the defence, neurologist Brian Choa wrote, “Lam was not in control of his faculties when he caused extensive damage to objects in his home and threw two dogs out of one window that morning.”

Ho said Lam’s case was different from previous cases in which the animals suffered for a long time before dying.

Earlier this year, Kwun Tong Court sentenced two men who took part in kicking a cat around like a ball to 16 months in jail, the heaviest sentence a Hong Kong court has ever passed down in a case of animal cruelty. A man convicted of poisoning a stray dog to a "slow and painful" death was sentenced to two months in jail on the same day.

Cruelty to animals in Hong Kong carries a maximum sentence of three years’ imprisonment and a fine of up to HK$200,000.