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 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.  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.” Stageman was on the Appellant's property when he took the video of the hydrobath at the RSPCA Fairfield Shelter 46 minutes by car away. This is an impossibility.

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.    Page 6 of transcript of Stageman's audio tape transcript has Go and get my video camera about line 25. From about this point forward what was said on the video should be the same as what was said on the Stageman’s tape recording - The video begins on page 9 of Stageman's tape recording.

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.