Owner Yasmin Nakhuda seeks return of Darwin the rhesus macaque, who was found in a Canadian store in December
An animal sanctuary that is currently home to a baby rhesus macaque that became known as the "Ikea monkey", after it was found in a store in Toronto wearing tiny faux-shearling coat, has dropped its allegations that its former owner abused it.
A lawyer for Story Book Farm Primate Sanctuary, in Sunderland, Ontario, said it was withdrawing the allegations against the monkey's former owner, Yasmin Nakhuda, who is in court this week fighting to have the animal returned to her.
Darwin, a year-old macaque, gained international attention after he was found and photographed in the unlikely location in December. He was seized by animal service officers in Toronto after he was discovered in a store parking lot. It is illegal to keep monkeys as pets in the city; the animal has been living at Story Book Farm for the past five months. Rhesus macaques are native to Asia and generally grow to about 50cm.
Nakhuda, a real-estate lawyer, has been fighting a legal battle to get Darwin back. She had already failed to have her monkey returned to her on an interim basis before a full trial began on Thursday. The four-day trial is scheduled to be heard over Thursday and Friday and continue on 10 and 11 June. The judge in the case has stressed it is not a custody battle, since Darwin is not a child. Instead, Nakhuda is asking for an order to return her personal property.
She set up a Facebook page, posting videos of herself and Darwin taken in the months before he was seized by animal services officers and taken to the sanctuary. The videos show Nakhuda with the animal on her back, in her office and while brushing her teeth. Calling herself Darwin's "mommy", Nakhuda claims that she and the monkey had "bonded" and that he is distressed when separated from her. She is scathing about the sanctuary, saying its staff do not know that Darwin is actually a Japanese snow macaque.
The page has become host to vicious debates between Nakhuda's supporters and animal rights campaigners, who say the monkey should stay in a sanctuary. Animal service officers say macaques are known carriers of diseases such as herpes and Hepatitus B. Officers who recovered Darwin wore breathing apperatus and protective clothing.
On 1 May, Nakhuda posted to Facebook a message to Darwin, saying it was his first birthday:
Know that your mommy misses you a lot and would have wanted to be with you on this very special day to shower you with her love and kisses. Your mommy has not given up on you so don't lose hope … we will all be together soon and you will blow your birthday candle with us. Big hugs.
Nakhuda, who vehemently denied the abuse allegations at the time of her monkey's discovery, shook her head in court when the allegations of abuse were dropped, according to The Canadian Press. She claims animal services officers tricked her into surrendering the monkey and says she is willing to move her family to a jurisdiction that allows pet monkeys if she gets him back.
Nakhuda's lawyer, Ted Charney, said he was "looking forward" to the opportunity to examine the animal service officials who were involved in the case. "We just have to see how it goes today," he told reporters, before entering the court. The case had to be moved into a larger court room, because of attention from large numbers of media, members of the public and supporters of Nakhuda and the primate sanctuary.