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)

Three of these puppies were said to have died and it was said they died due to Geraldine Robertson's neglect.

 Puppies happily playing in Laundry just before being seized and taken away from their mother.

Dr Anne Chester in her Affidavit sworn 02/08/2008 stated of these puppies 6 week old at seizure and not yet weaned - still dependant on mother's milk:

19...Four dogs (bt5406 5407; 5408; 5757) involved in the original seizure have been euthanased or died. Three of these were puppies that deteriorated soon after coming into care at the RSPCA. The fourth an adult male was euthanased due to a condition unrelated to the seizure.

20 Bt5406 a female standard poodle puppy-: This puppy was significantly smaller than her apparent litter mates at the time of seizure. Blood tests taken prior to her death showed the following results. Hyperglycaemia, electrolyte depletion and elevation of BOHB are consistent with diabetes mellitus, ketoacidosis and osmotic diuresis. However, note there is also marked panhypoproteinaemia, marked anaemia not usually associated with diabetes. Hence also query concurrent blood loss/protein loss, possibly due to GI disease, renal losses, also possibly a coagulation deficit? This puppy continued to deteriorate despite intensive treatment and was euthanased on the 23/1/08.

21. Bt5407 a female standard poodle puppy-: diagnosed with hookworm on 10/1/08 after being found with diarrhoea in the pen. Despite intensive treatment for severe gastrointestinal disease the puppy died on the 21/01/08 copy of post-mortem result available.

22. Bt5408 a female standard poodle puppy -: apparently from same litter as BT5407 was also diagnosed with hookworm on the 10/1/08. This puppy also suffered from gastrointestinal disease which resulted in an intussusception. Despite initial successful surgery the intussusception recurred and the puppy died on the 23/1/08.

Note from the Veterinarian's report their problems started on the 16/1/08 when they were seized on the 09/01/08 a full eight days later. These puppies had not been weaned when they were taken from their mother and should have received a special diet and attention as advised by Geraldine Robertson at seizure. RSPCA do not say these dogs received any special diet or were placed back with their mother. These dogs died from RSPCA neglect.

The dog was presented to the University of Queensland for post mortem examination at 11am on the 21/01/08 twelve days after seizure and the note at the bottom of this report 21/01/08 copy of post-mortem result available states: The bacteria are considered to have resulted from post mortem proliferation in this case. In other words this puppy was too composed to make a proper diagnosis. The History are the words provided by the RSPCA veterinarian to the University Pathologist and he has just accepted these words.

T he GROSS PATHOLOGY is very telling as it means the puppy was starving - the dog is lean with small amounts of fat.

"The dog is presented with clipped hair over both cephalic veins and a small amount of loose faeces around the rectum. The dog is in lean body condition with small amounts of subcutaneous and visceral fat. There is generalized pallor of all organs and tissues. The blood within the large vessels is thin. The gall bladder is distended with bile. The stomach contains a moderate amount of light brown fluid material with dark brown granules. The entire length of the small and large intestine contains cream fluid material."

To hold Geraldine Robertson for the deaths of these three puppies who are happy and playing at the time of seizure is another fabrication of evidence. RSPCA Veterinarians said all dogs were wormed at time of seizure by RSPCA themselves.