Ikea monkey's 'mom' said she misunderstood ownership forms

Yasmin Nakhuda is seen testifying in this court sketch on Thursday, May 30, 2013. (John Mantha for CTV News)

The woman who considers herself the “mom” of Ikea monkey says she didn’t realize she was relinquishing ownership of her pet when she was asked to sign certain forms.

Yasmin Nakhuda told an Oshawa, Ont., courtroom onFriday that she misunderstood the forms she had been asked to sign, and believed her signature was needed for the monkey, named Darwin, to undergo certain medical tests.

Meanwhile, Toronto Animal Services supervisor Carl Bandow testified on Friday that the agency did not have the authority to keep Darwin away from his owners.

Bandow said while it is illegal to own a monkey in Toronto, animal services officers do not have the power to detain an animal if the owner comes to claim it. He added that the Ikea monkey case has prompted the city to consider revisions to the bylaw.

Bandow testified he was concerned that Darwin could pose a threat to public safety and he did not want to immediately release him back to his owners.

While he was not working the day Darwin was confiscated, Bandow said he told an officer over the phone to see if Nakhuda would give up the monkey voluntarily.

Darwin made international headlines last December when he escaped from his cage and wandered through the parking lot of a Toronto Ikea, wearing a miniature shearling coat and a diaper.

Toronto Animal Services officers scooped up the monkey at Ikea and he was sent to Story Book Farm Primate Sanctuary in Sunderland, Ont., where he has resided ever since.

An emotional Nakhuda broke down several times Friday as the sanctuary lawyer questioned her about her relationship with Darwin and why she signed the form.

According to Nakhuda, Darwin has “anxiety disorders,” and she needed to see him.

Nakhuda said  Toronto Animal Services officials there told her that she had to sign the transfer form because she could otherwise face criminal charges.

She was told that if she signed it, she could see the monkey.

While it’s illegal to keep a monkey as a pet in the city of Toronto, Nakuda has said she will move to the Kawartha Lakes area if it means keeping Darwin.

Friday marked day 2 of the four-day trial that will determine Darwin’s future home. The trial continues June 10 and 11.

On Thursday, Nakhuda admitted to taking Darwin everywhere with her including to a wedding, work, the gym and even the shower.

“I treated him like a son. It sounds bizarre to some people, but that’s how we treated him,” Nakhuda said.

The judge has reminded those present that this is not a custody battle, as Darwin is not a child. Rather, Nakhuda is arguing for an order to recover possession of personal property.

With files from The Canadian Press