COURT OF APPEAL
SUPREME COURT OF QUEENSLAND
CA NUMBER: 13299/09
NUMBER: BD 2268/09
Applicant (Appellant) GERALDINE FOOI-FONG ROBERTSON
AND
First Respondent: DEPARTMENT OF EMPLOYMENT, ECONOMIC DEVELOPMENT AND INNOVATION ( formally DPI &F)
AND
Second Respondent THE ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS QUEENSLAND (RSPCA)
Chronology
| Date | Event |
| - 09/01/2008 | The Appellant had been breeding her world famous NEIGER poodles and was exporting them to the world. In the previous 18 months to the seizure on 9/1/2008 the Appellant/Applicant had exported about 200 poodles. The Applicant/Appellant was also acting as a buying agents for overseas buyers and had been purchasing poodles locally and exporting them. |
| 07/01/2008 | The Appellant’s property suffered flash flooding, the worst in 20 years in the Shire when about half the then Beaudesert Shire was flooded, washing debris into her kennels. The Appellant’s car was submerged under one meter of flood. The rain had continued until 09/01/2008. The Appellant had suffered a crisis and was dealing with it by moving her dogs to holding pens at the house and cleaning debris from the kennels. |
| 07/01/2008 – 09/01/2008 |
The plaintiff had a major crisis and moved most of the dogs from the kennels to holding pens up at the house and begun the clean up of the kennels after the flash flooding event. These kennels
were approved and licenced. 08/01/2008 Warrant issued to enter was obtained by the RSPCA to enter the Appellant's premises to look for “EVIDENCE (animal or other thing which may be seized) Any Animals living in inappropriate Living conditions, any Animals with disease or' injury untreated Any documentation of Animals boarded at the kennels”. |
| 09/01/2008 | RSPCA personnel, Courier Mail, Sunday Mail reporters and photographers, camera crew of Imagination Television and two (2) policemen attended the service of the warrant on the Appellant's premises.At all times RSPCA Inspector L. Stageman was accompanying beside the Appellant as per RSPCA warrant service procedure. RSPCA personnel all armed with cameras and film crew entered the Appellant’s residence whilst the warrant was being served and took photographs and filmed all the rooms in the residence.The order to “seize all the dogs” was given immediately by RSPCA Inspector Shayne Towers-Hammond on his arrival. At this time no dog was examined, a few dogs were visible from a distance. 104 dogs were seized from the Appellant’s property.RSPCA refused the Appellant to have all her dogs checked out by a veterinarian, micro chipped and identified prior and at seizure. One hundred and four (104) dogs (actually 31 puppies under 4 months old and 73 adults) were seized from the Appellant’s property.The 2 Policemen left shortly after the service of warrant and at the arrival of RSPCA Inspector Towers- Hammond. RSPCA Inspectors promised receipt for all the dogs seized with a full description and a colour photograph of each dog as the dogs will be counted on arrival at RSPCA Shelter. The receipt together with the photographs and descriptions would be delivered to the Appellant the next day 10/01/08. |
| 09/01/08 to date | The Appellant was not provided with a Notice of Seizure and none was supplied to the Brisbane Magistrates Court appeal hearing. |
| 09/01/08 to 04/06/08 | RSPCA was committing attrition through negotiating with the Appellant’s lawyers (Robertson O’Gorman and Burnslaw) to surrender all the Appellant’s seized dogs. |
| 11/01/2008 | Anastasi Vlahos voluntarily surrendered four dogs belonging to the Appellant to the ownership of RSPCA. RSPCA asserted at M6213/08 and the Court agreed that those 4 dogs came into it’s possession because the Appellant had hidden the 4 dogs from RSPCA during seizure and were therefore properly seized for the State. It would then follow RSPCA Inspector L. Stageman was guilty of knowingly receiving property stolen from the State for RSPCA. Court Exhibit 27 Consent to seizure shown the ownership transferred to RSPCA by Anastasi Vlahos. Anastasi Vlahos was also guilty for the theft of these 4 dogs from the State. |
| 13/01/2008 | The Appellant saw herself on Television news, in newspapers and video footages identifying her by her full name, her address and business, Waterford Boarding Kennels and Cattery, and by her poodle registration, NEIGER Poodles. |
| 13/01/2008 | From this date the Appellant received death threats, was abused and assaulted at her property, had rubbish dumped onto her property, received racist nasty letters, was abused while shopping, was abused at her bowls club and suffered such fear that she was afraid to go out shopping alone and was afraid to have her lights and television on at night for fear that someone would realise she was home and come and carry out their threats. |
| 15/01/08 | RSPCA fax receipt of dogs seized on 09/01/08 |
| 01/02/2008 | RSPCA Chief Inspector M. Pecic returned to the Fairfield Shelter from meeting with F. Ferguson told all the members of the Poodle Club of Qld present that DPI has forfeited all the dogs to the State, RSPCA can now legally foster out all the dogs. requested DPI&F to make a decision to forfeit the dogs to the State pursuant to section 154(2) of the Act |
| 08/02/2008 | DPI&F F.Ferguson formally forfeited the dogs to RSPCA. DPI claimed date decision to forfeit the dogs to the State pursuant to section 154(2) of the Act. Information Notice |
| 08/02/2008 | Ownership of Geraldine Robertson's dogs was given to RSPCA |
| 22/02/2008 | An additional old neutered dog was seized from the premises of the Appellant |
| 22/02/2008 | Search warrants executed on the Appellant’s premises seeking records in relation to the operation of the business and the care of the animals. Relevant kennel records were already handed over to RSPCA Inspector L Stageman on 09/01/08.An independent witness saw 3 truck/cabin full of records and other items were loaded up into these vehicles by three (3) RSPCA Inspectors |
| 25/02/2008 | Appellant applied for an internal Departmental review of the DPI&Fs decision to forfeit the animals to the State |
| 14/03/2008 | The DPI&Fs decision was confirmed by Rick Symon (Welfare Manager of DPI) on internal review after suggesting the attending Vet made a further two other qualified specific amendments to her original vet report which was based on text books “what if…” situations. The puppies that were allegedly sick were now dead according to the latest vet report, video footages summoned to the court shown these puppies happy, healthy and being taken home by the Shelter manager. |
| 19/05/2008 | Application Magistrates Court Brisbane BM 6213/08 filed by the Appellant against the forfeiture of the valuable dogs seized. |
| 04/06/2008 | Brisbane Magistrate Court directions hearing for RSPCA application as joinder was refused by Magistrate Hall who told Snr. Counsel A.J. Deane for RSPCA, “RSPCA interests are represented by DPI&F”. Counsel and solicitors for the Appellant were Mr Lippett instructed byRobertson O'Gorman. Mr Lippett advised the Court of concerns to mental condition of the Appellant and her legal capacity; The Court adjourned matter to at the Appellant's request to allow psychiatric examination and report for the Court. |
| 17/06/2008 | Notice advising that Appellant was acting on her own behalf. |
| 02/07/2008 | Directions hearing was conducted by Magistrate Kluck where RSPCA again asked to be joinder and following orders were made: Robertson O'Gorman be given leave to withdraw; RSPCA was joined as a party;The Appellant's Notice of Appeal prepared by Robertson O’Gorman was inadequate, be struck out and a fresh notice and supporting material was ordered to be filed and served by 24/07/08; The RSPCA was to return to the Appellant her computer and only copies of records seized on warrant served on 22/02/08. The matter was adjourned to 30/07/08 for further directions hearing. |
| 02/07/2008 | On that same day, the Appellant’s computer was returned, copies of a few documents were provided to the Appellant. All original books and documents were retained by RSPCA. Most of the Appellant’s records seized and properties taken were not seen again by the Appellant since the seizure of 22/02/08. The seizure was witnessed by three members of the Appellant’s then legal firm and a visitor who was a then recent customer of the Appellant. RSPCA insisted that copies of all documents seized were given to the Appellant. In fact only a few irrelevant and private documents has been copied and given to the Appellant. |
| 28/07/2008 | Appellant filed and served an application for contempt against the RSPCA together with an application for orders for further disclosure. |
| 30/07/2008 | Further directions hearing was conducted before Magistrate Bradford Morgan. The court ordered: The Appellant's applications for contempt and disclosure be adjourned to 05/08/08.Paragraphs 2,3,4,5.12,13 and 14 of Amended Notice of Appeal be struck out (grounds and exhibits relevant to RSPCA abuse of the Animal Care and Protection Act and processes of the court);The affidavit of John Dougall an independent witness be struck out; Paragraphs of an affidavit of the Appellant be struck out;The material for the appeal was ordered to be restricted to the Amended Notice of Appeal as left to stand; The affidavit of the appellant filed 2l/07/08; The affidavit of Annette Barrell 27/03/08, and; Affidavit of the appellant 28/07/08 as far as not struck out by the court;Any further applications be filed and served by the appellant on or before 12-00 noon Friday Ol/08/08; The First Respondent file any affidavit in response by 4-00 pm Monday 04/0810; and Costs be reserved to 04/08/08. |
| 05/0812008 | Applications for contempt and disclosure were dismissed and the court refused to deal with a further application filed by the Appellant Pursuant to the Disability Discrimination Act; |
| 06/08/2008 | Hearing commenced in the Appeal against Forfeiture before Magistrate Strofield; |
| 7, 8, 11, 12,14, 15,27,28/08/2008, 01,04/09/2008 | Hearing in the Appeal against Forfeiture continues before Magistrate Strofield. |
| 24/09/2008. | Hearing in the Appeal against Forfeiture vacated/suspended as a result of appeal to District Court against alleged bias of Magistrate Strofield. |
| 14/10/2008 | Brisbane District Court Appeal BD2590/08 heard and dismissed being an interlocutory appeal to the District Court regarding the misconduct of Magistrate Strofield who had restricted his scope to Hearing Procedures section 202(1)(b) of the ACPA as well as condoning RSPCA misconduct. |
| 20, 21, 24, 27,28/11/2008 | Hearing in the Appeal against Forfeiture continues before Magistrate Strofield and written submissions directed to be filed by the First and the Second Respondents with copies to be given to the Appellant. |
| 18/12/2008 | RSPCA and DPI&F's joint written submissions delivered |
| 08/01/2009 | Appellant's written submissions delivered noting deletions/omissions from court transcripts, the fabrication of evidence and false evidence, hearsay witnesses from 10 ago of the Second Respondent witnesses and copies given to both Respondents. |
| 09/02/2009 | RSPCA and DPI&F's joint reply delivered. |
| 24/07/2009 | Magistrate Strofield delivered decision and consequential orders made as to Forfeiture. |
| 17/08/2009 | District Court Brisbane appeal BD2268/09 Notice of Appeal for M6213/08 decision to be reviewed. |
| 14/09/2009 | Appellant delivered an Outline of Argument in BD2268 of 2009 |
| 09/10/2009 | First Respondent delivered an Outline of Argument in BD2268 of 2009 |
| 16/10/2009 | Appellant files in BD2268 /09 Application that the Second Respondent be removed as a party to the appeal, and supporting affidavit for leave to amend Notice of Appeal. |
| 21/10/2009 | First and Second Respondents filed application seeking appeal BD2268/09 be dismissed. |
| 30/1012009 | Judgement of Deveraux DCJ: Application to remove Second Respondent was dismissed; Notice of Appeal struck out; Application to amend dismissed. |
| 25/11/2009 | Application for Leave to Appeal to Court of Appeal filed and served. |
| 16/12/2009 | Appellant’s Outline of Argument delivered to Court of Appeal |
| 06/01/2010 | Application to strike out filed in Court of Appeal |
| 05/02/2010 | 2nd respondent’s supplementary IPB Court of Appeal |
| 01/03/2010 | Applicant/Appellant’s Outline of Argument (for strike out application) filed Court of Appeal. |
| 08/03/2010 | Hearing in Court of Appeal - decision reserved. |