Legal Liability for the Death of Preserved Wildlife: Can Malaysian Law Tackle the Killing of Elephants in Road Accidents?

Abstract

Recently, the number of road accidents involving endangered animals, particularly elephants, has increased, raising concerns about legal liability. For example, a recent roadkill accident occurred in Perak, where an elephant calf was killed in a lorry mishap, drawing attention to the legal impurities in addressing wildlife roadkill. In Malaysia, elephants are protected fauna under the Wildlife Conservation Act 2010, yet implementation has been inconsistent. This study examined the standing Malaysian legal framework regulating the safeguard of elephants and other endangered animals, specifically listed under the Wildlife Conservation Act 2010 and associated statutes. The main objective of this study was to analyse the extent to which Malaysian law stipulates legal liability, including criminal, civil, or administrative liabilities, when endangered animals such as elephants are killed in road accidents. Additionally, this study also suggested the legal and guideline transformations aimed at increasing legal liability. This study employed a pure legal research approach, which was conducted via the case law examination, legislation analysis, and legal interpretation. The legislation analysis, incorporating the Wildlife Conservation Act 2010 and the Road Transport Act 1987, was significantly assessed to evaluate their pertinence in cases of wildlife roadkill. The findings indicated that all present laws lack specific provisions directing the liability of motorists and authorities in incidents involving wildlife roadkill. This lack of clear legal regulations made it hard to determine the legal liability for road mishaps that caused the fatalities of endangered animals, such as elephants. Furthermore, the inadequate legal benchmarks that existed for prosecuting cases related to the fatalities of endangered animals caused by road accidents further causes difficulties in pursuing justice and implementing legal measures. The study's resolution provides the current legal outlines necessary for improvement to ensure that wildlife fatalities on roads are correctly reported and addressed through proper legal measures. One of the ways is by strengthening prosecution instruments and illuminating legal duties, which are vital actions in safeguarding conservation efforts, ensuring that endangered animals such as elephants obtain the legal safeguards they were intended to have. 

Keywords:  Wildlife Conservation; Legal Liability; Roadkill Prevention; Endangered Animals