COURT OF APPEAL
SUPREME COURT OF QUEENSLAND
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CA-NUMBER: |
13299/09 |
|
NUMBER: |
BD-2268/09 |
|
Applicant(Appellant) |
GERALDINE FOOI-FONG ROBERTSON |
|
AND |
|
|
First Respondent: |
DEPARTMENT OF PRIMARY INDUSTRIES AND FISHERIES (DPI) |
|
AND |
|
|
Second Respondent |
THE ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS QUEENSLAND (RSPCA) |
Court exhibit 2 was fabricated.
1.
Magistrates Court Exhibit 2
- entrance video is Second Respondent's fabricated evidence for an improper purpose.
2.
This video was released to the media and segments of it was shown on local and National Television, an offence against the Invasion of Privacy
Act.
3. This is an analysis of the times shown on the video Court Exhibit 2:
|
Position |
Start time |
End time |
|
A Entry yard |
11:13:25 |
11:14:22 |
|
B Inside House |
11:14:41 |
11:15:12 |
|
C looking through fence from laneway to half way kennels |
11:21:29 |
11:21:48 |
|
D from boarding kennel gate |
11:23:17 |
11:23:26 |
|
E at boarding kennel |
11:24:01 |
11:24:20 |
|
F Inside boarding kennel block |
11:25:41 |
11:27:01 |
|
G Still inside boarding kennel |
11:27:24 |
11:27:50 |
|
H Still inside boarding kennel |
11:28:56 |
11:29:40 |
|
I Still inside boarding kennel block |
11:29:53 |
11:30:47 |
|
J At half way kennels |
11:36:32 |
11:36:50 |
|
K At back of house left yard |
11:39:03 |
11:39:12 |
|
L looking into House Right Yard |
11:39:48 |
11:40:05 |
|
M Inside house lounge room |
11:46:32 |
11:46:43 |
|
N Inside lounge room |
11:48:40 |
11:48:45 |
|
O Inside Lounge |
11:49:02 |
11:49:14 |
|
P Inside Lounge |
11:49:22 |
11:49:28 |
|
Q Kitchen |
11:49:38 |
11:49:48 |
|
R Bathroom |
11:50:04 |
11:50:14 |
|
S At RSPCA looking at their hydrobath |
11:02:33 |
11:02:38 |
4.
What stands out in this video is that the
hydrobath video segment
at the end of the video was said to be taken at the Appellant’s property.
The hydrobath segment at the end of this video is taken at 11:02 am. The next segment was taken at 11:13 am said to be on Geraldine Robertson's property being 11 minutes after the hydrobath video was
taken.
5.
Date of video being 10 / 1 / 2008 is wrong.
6.
Stageman said hydrobath bit at the end was taken on the 9th In the Appellant's Laundry where she washed the dogs Transcripts day 6 page 12 line 30. If the Hydrobath segment was taken on the camera as stated by Stageman it was the first segment filmed,
that is 11 minutes before he entered the Appellant's property with the camera.
7.
But Stageman later in his evidence admitted that the hydrobath was at RSPCA premises transcripts
day 6 page 21 line 50. RSPCA Fairfield shelter cannot be driven from/to the Appellant's property in 11 minutes. The Google Maps give a time for this trip of 46 minutes. This means the dates and times on the
video were fabricated.
8.
Stageman tape transcript page 1 line 1
Tape recording Transcript, page 1 line 1 “The time is 10.35 on the 9th January 2008 at a property Lot 13, Bucken Road,
Waterford Boarding
Kennels to serve a warrant.”
9.
Transcripts day 5 page 78 line 20 Stageman activated the tape before he entered the
property. "At what point in time did you activate the recording?-- Before I entered the property I gave a description of the time that I was entering and what I was entering for
."
10.
Page 6 of transcript of Stageman's audio tape
transcript (Exhibit GR 16) has “Go and get my video camera”. about line 25. From about this point forward what is said on the video should be the same as what is said on the Strofield's tape
recording - The video begins on page 9 of Stageman's tape recording.
11.
Stageman said he took the video on the 9th January 08 not the 10th transcripts
Day 6 page 11 line 38.
12.
The Court Exhibit 2 video evidence shows the Appellant’s
laundry with 4 black puppies in it. In the laundry can be seen a washing machine and washing basin. There is not a hydrobath in it and the hydrobath would have difficulty fitting into the Appellant’s laundry.
13. Both explanations of the hydrobath given by Stageman cannot be true. This video has been fabricated.
Court Exhibit 2 is evidence that has been fabricated and is not the original evidence.