Pet Mafia or RSPCA?


The Affidavit prepared to show there was no neglect of Geraldine Robertson's Dogs

MAGISTRATE COURT OF QUEENSLAND

                                                                                                                                 REGISTRY:  BRISBANE                             

NUMBER:     M6213/08

 Appellant:             Geraldine Fooi-Fong Robertson

                              17-23 Buccan Road

                              Buccan, Qld. 4207

Respondent: (1)     The Chief Executive

                               Department of Primary Industries and Fisheries (DPI)

                               80 Ann Street

                               Brisbane Qld 4000

Respondent:  (2)    The Royal Society for the Prevention of Cruelty to

                              Animals Queensland (RSPCA)

                              C/o Clayton Utz Lawyers

                              GPO Box 55

                              Brisbane Qld 4001

AFFIDAVIT

I, Geraldine Fooi-Fong Robertson of  17-23 Buccan Road, Buccan, in the state of Queensland, a widow, retired professional accountant, kennel owner and a pedigreed poodle breeder of 20 years, states on oath:

1.       I am the Appellant making this my affidavit.

2.       The RSPCA are self serving and cannot be trusted as they have a conflict on interest. They are implementing their policies, including that of not allowing pet shops to sell pets and closing down breeders. Because I was selling quality pets I cannot expect that the RSPCA is fair and impartial. What I was doing is against their policies stated on their web site. They were not implementing the Animal Care and Protection Act, but were implementing their policies. Because, under the act, they are relieved of liability they can do anything that harms legitimate businesses and there is no recourse. That, unlike public servants, they do not owe pet owners as duty of care (removed by legislation – no liability) or procedural fairness, then that the RSPCA would cheat is to be expected. The courts should not consider that the RSPCA is fair and impartial. The Stanford Prison Experiments proves that groups that have power without controls become extreme in their positions and bully those who they have control over. In the “German experiment” two people died in the conflict. A conflict caused by group human nature when placed into the position of power without control. I submit the RSPCA is in such a situation.

3.       I have been a breeder of poodles for 20 years. My poodles were worth about $2,000,000.00. The income from the poodles about to be born was about $250,000.00. I am the only Australian Standard Poodle Breeder who has bred puppies sold to owners in many countries where they have achieved their Conformation Champion status e.g. Japan Champion Neiger The Rising Sun, American Champion Neiger Terrifick Tasmine.

4.       A silver standard poodle we bred was shown for 4 continuous years at CRUFTS in London, U.K.  Neiger Silver Fox at Vulcan owned by Ann Cambray Coppage owner of the famous VULCAN KENNELS in U.K and International All Breeds Poodle Specialist Dog Judge. Exhibit GR1 attached to this Affidavit is a photograph of  Neiger Silver Fox at Vulcan with his daughter Vulcan Silver Possum from his 1st Stud service,  exported to Mr Ken Bow in the U.S.A. and acknowledgement of his son from the same litter, Vulcan Silver Swagman exported to Mr & Mrs Stephen Garwell.

5.       The 1st Cadaver Standard Poodle in United States of America, who earned his status in record time at a historical young age. G’Day Walkabout In Silver CDX CGC TT was a son from the 1st litter of Australian Dual Champion (OCH) Neiger Circus Rose Aust. UD ET Am. UD NA NAJ mated to American Champion and Canadian Champion Bibelot’s Silver Power Play UKR HR UD Can CD WCX MH. Exhibit GR2 attached to this Affidavit shows photographs and details of training, achievements of Neiger Circus Rose and G’Day Walkabout In Silver

6.       There were many accomplishments, too many to note by many Neiger poodles’ achievements both nationally and internationally. Neiger Poodles have promoted the Breed and assisted in increasing the world’s Standard Poodles gene pool in Australia, Canada, China, Europe, Hong Kong, Thailand, Korea, Japan, United Kingdom, United States of America.

7.       Neiger Poodles are renowned for their Top Quality diversity in breeding lineage, temperament, sweetness, stability, good health, longevity, conformation and their depth of colour in the rare colours.

8.       My poodles were expensive. Puppies sell from $2,000 each to $18,000 each depending on colour and age. Adults, when available for sale, sold for upwards of $35,000.00 each depending on age, colour, sex. Exhibit GR3 attached to this Affidavit shows bank deposits advices of monies received form sales.

9.     The RSPCA have taken my personal and private records, privileged records and documents, business records and documents making it very hard to prove how well my dogs were fed. They have failed to return most of this evidence to me.

Money to look after dogs.

10.  I had an income sufficient to keep the poodles well fed. I had $1200 cash in my filing cabinet and this was stolen by the RSPCA at the time of their raid.  At the time there was one month supply of dry dog food and three freezers and two refrigerators full of fresh meat for the poodles. Exhibit GR4 attached to this Affidavit are Letters to Minister of DPI&F which shows I have complained about properties being taken by the RSPCA. These letters were subsequently forwarded to RSPCA CEO Mark Townend.

11.  I had spent $50,000 on solicitors because of the RSPCA actions. I had spent in total on Solicitors and others defending my self from the RSPCA malicious lies more than $200,000 over the last 15 years. Some of my pedigreed dogs were worth upwards of $35,000 each. 

12.  There was a substantial income from the sale of dogs when there were dogs for sale. There were planned litters, since born in captivity and illegally sold by RSPCA, amounting to $250,000 based on average $2,000 per puppy market price since the year 2000. These puppies were ordered by my clients for $5,000 and $6,000 each. RSPCA had been told how many litters were due & how valuable my poodles were on 9 January and on many occasions thereafter. Receipt books taken by RSPCA were not returned nor were copies given to me.

13.  RSPCA and Sue Graham also sold the puppies born from my valuable pedigreed pregnant bitches and my adult rare, pedigreed poodles which were not seen at RSPCA premises as well as not noted in their records. Breach of Section 152 (2) (d) of the Act. I have been robbed of very valuable properties by the RSPCA and the RSPCA and others have profited greatly from this robbery.

Food

14.  There was always more than a month supply of dog food. I had more than 1,000 kilos, of quality dry food available for my dogs. Twice daily their stainless steel bowls were topped up with dry food, water bowls and buckets scrubbed clean and refilled. Quality dry dog food was available to the dogs 24 hours.

15.  There were three freezers and two refrigerators used solely for the dogs’ fresh meat and bones. The dogs were given different meat & bones once daily.

16.  Some of my poodles were over 10 years old, they were healthy although looking lean, some were pickers and most were good doers. All my poodles were healthy. None of them were sick or injured before they were seized. RSPCA had reported deaths of my seized healthy dogs, not from viruses but from their breach of Duty of Care. 

17.           My solicitors had requested that if any of my dogs died or became sick, RSPCA was to take photos of the said dog, collect wool sample from that dog, and to have an independent Vet Laboratory Report for me or to let me know immediately so as I could arrange that. These requests by both Robertson O’Gorman and Burnslaw of lawyers were simply ignored by the RSPCA.

Poodle health and welfare.

18.  RSPCA Kennels was reported as having Kennel Cough, Parvo Virus and Hookworms infections through their Kennels at Christmas 2007 and into the New Year. They infected some of my puppies with hookworms through their lack of hygiene control and blamed me. Puppies will eat everything off the ground – direct contact means immediate infection and blamed me. As all my dogs over 4 months old were fully vaccinated against Parvo Virus and Kennel Cough, none of them got sick. Exhibit GR5 attached to this Affidavit Copy of old vaccination record, current records taken by RSPCA on raid of 22 February 2008 not returned.

19.  Their malicious actions, defaming both me and my dogs support the fact that they had no intention to return my poodles. The so called costs, my “sick” poodles had incurred $1,500 per day is another means to defraud me.

20.  The fact that Sue Graham had asked all the Poodle Clubs in Australia to send their donations as well as the funds raised for “the poor Queensland poodles upkeep” was also a fraud. Clipper World donated 40 new clipping blades to clip the “poor Queensland poodles” was not accounted for according to the copy of Affidavit handed to me by Clayton Utz for cost of keeping my poodles to 3 June 2008 for $145,813.00 was a fraud and intimidation. Exhibit GR6 attached to this Affidavit is, Affidavit of Tracey Jackson Senior Inspector of RSPCA

21.  The hundreds of thousands of dollars raised on the RSPCA telephone appeal to feed the “poor malnourished poodles to support her retirement” was a fraud, the dry food wholesalers had already pledged many tones of dry dog food to feed those” poor malnourished poodles” was also a fraudulent method to cheat the public.

22.  RSPCA had already sold the rare valuable pedigreed poodles. None of the mature rare colours pedigreed standard poodles which I was asked to sell overseas but did not, were never seen at RSPCA Fairfield premises since seizure, hence, the promised receipts for my dogs seized on 9 January 2000 by both RSPCA Inspectors Shayne Towers-Hammond and Laurie Stageman was never kept. 

23.  Simba the 12+ years old Apricot, used by RSPCA Vet on TV to raise monies, was shaved to his skin and who died shortly after from pneumonia, that was cruelty and breach of Duty and Care by RSPCA.

24.           RSPCA personnel should be ashamed of themselves for their lies and dishonest, malicious, atrocious behavior, not only in promoting and committing fraud but also for their cruelty and lack of care for my healthy dogs. What the RSPCA said about my dogs were self serving and self justifying. The RSPCA have a policy that dogs should not be sold by pet shops and others, other than themselves. They have a policy that requires them to close down the private pet industry for their own financial gain.

Personal capacity to care for dogs

25.  I had always managed and operated on my own with some casual labor for the past 16 years with very little difficulties keeping 100 dogs fluctuating daily. This was possible because of the properly well set up facilities on my property and the strict regime of kennel health and hygiene controls exercised daily. It took me 4 hours to clean up the mud, debris, disposed of the bags of debris and disinfect the floor of the 20 kennels block after my dogs were stolen by RSPCA.

26.  I have more than adequate professional equipment, 90 litres of Permithrin Shampoo, 20 litres of Flea & Tick Rinse Concentrate, necessary for the dogs maintenance. This included 3 turbine hair dryer, 2 hydra baths, 8 professional dog clippers, 1 heavy industrial dog clipper, 120 clipping blades, many dog coats for shorn off poodles in the cold weather. I also have 2 regular dog grooming persons to assist when required. to care too many dogs, have people to help. Exhibit GR7 attached to this Affidavit is receipt for purchases of shampoo and flea & tick rinse concentrate.

27.  Grooming was done between morning and evening as well as at night weather permitting. Casual groomers assist regularly in clipping. Exhibit GR 8 attached to this Affidavit is Statutory Declaration of Annette Barrall

28.           I also have adequate all wormers and monthly heart worm prevention for all my dogs, calcium and vitamins additive, for the next couple of years.

Dirty dogs maggots - faces / urine

29.  My dogs were never dirty. They have a lot of self esteem. Their kennels were cleaned to maintain hygiene. My dogs did not defecate in their kennels. In fact they normally defecate on the boundary fences during their exercise twice daily. All the kennels and large holding pens were fitted out with trampoline beds. Exhibit GR9 attached to this Affidavit are photographs of kennels.

30.  When RSPCA dragged one of my dogs tightly chocked by the choker lead and he was near blacking out, I went to assist which RSPCA eventually allowed, as I was frantically screaming, they were killing him, I carried him to the sealed trailer compartment and saw all the dogs jammed in the compartments terrified, begging me with their eyes, shivering, retching, vomiting, defecating and urinating out of pure terror. They were packed in indiscriminately.

31.  It was criminal and totally heart rending. My dogs had never known fear nor had been confined in a small sealed space traveling 45 minutes through heavy traffic to an unknown, open, cold accommodation where cheap quality dry dog food was thrown on to the concrete floor for them to eat and a small tiny dirty and stained plastic bowl of water to be shared amongst at least 6 of them as seen in the limited video footage supplied to me. RSPCA kennels are small, do not have off the ground beds and are not completely enclosed.

32.  My poodles are used to living in a large properly built brick kennel with adequate ventilation not open to the 4 winds. They also eat and drink from large stainless steel bowls and large buckets scrubbed down twice daily.

33.  The poodles would then be well covered with faces and urine when they arrived at RSPCA kennels. The fact that RSPCA had to euthathised 40 dogs to make room for my 104 dogs as published in the newspapers, meant they were jammed in small kennels. RSPCA were unaware of the numbers of dogs on my property as no one had been from RSPCA or Poodle Club of Qld to inspect prior to the seizure. Insufficient volunteers would be available to groom the dogs. The weather was very hot and humid. After the rain the flies from the dirty highly contagious RSPCA kennels would have hatched, hence the maggots.

34.  It would have taken the RSPCA several days to clean up the mess they made of my poodles and in that time, I am not surprised that there were maggots on the dogs. After the RSPCA had been, I found 1 dead poodle with a broken neck and seven 50 grams newborn toy poodle puppies dead from having been stomped on. I noticed their smell the next day and went to investigate. I saved their corpses in the refrigerator as evidence, but the RSPCA came again and took this evidence without giving me a receipt when they raided again on 22 February 2008.

Facilities

35.  My kennel facilities were all approved by the Beaudesert Shire Council. They are large, comfortable brick kennels, the smallest being 5 metres long and 1 ½ metres wide on fully concreted floors with off ground trampoline beds, with full facilities and double security fencing. There is more than sufficient space to house all my dogs in comfort. Exhibit GR9 attached to this Affidavit are photographs of kennels and holding pens.

36.  The 5 acres is 330 metres long  x 110 metres wide fully fenced with chain wire. The length is divided into 7 paddocks with chain wire fencing across.

37.  Buildings comprised of 2 separate blocks of brick kennels 100 metres apart with adjoining attached grass exercise areas opening out to 1 acre. The males are normally all located in the smaller block of 7 kennels.

38.  Cleaning of kennels was done every morning and evening when dogs were out exercising on the acreage.  Faces if any, picked up and disposed into the septic.

39.  Because of the rain, a mum & litter of 4 puppies stayed in the laundry with an arc mesh panel across the doorway to facilitate good ventilation as it was hot & humid. There were no dogs in the bathroom contrary to RSPCA claims.

40.  Depending on the weather conditions, the grooming of dogs were done between the morning and evening daily. Regular casual groomers come in regularly to clip and groom. Dogs in kennels and holding pens were exercised twice daily.

41.           Puppies were weaned by their mothers. Mothers gets 3 normal size meals daily with supplements of calcium and multivitamins. From 5 weeks on, mums were fed fine e.g. mince steak with calcium & vitamins additive. It’s up to mum when she decides to wean her pups. Pups stay with mum in a big kennel or secured  area with concrete for me to monitor faces with changes of diet. Puppies are allowed out on acreage with supervision.

RSPCA Costs.

42.  RSPCA is charging $2,000 daily to hold my dogs which all appeared very badly neglected in the photos published on 28 March 2008 in Courier Mail. My poodles would be better off and more comfortable in their home with me for free.

43.           My vet would come as he did often to check and vaccinate my dogs. I will ensure that I will have at least a couple of people experienced with managing kennels for additional support.

Legal Representation:

44.  I had a lot of difficulties preparing my Amended appeal. In order to make a meaningful appeal I did not sleep for over 5 days & am suffering from the effects. I am still looking for a solicitor to take over my appeal as I fear I do not have the expertise against the brilliant solicitors that work for RSPCA.  My previous Solicitors after accepting $50,000 from me, then went and acted without instruction from me, tried to have me certified as mentally ill. I had to sack these solicitors as they were acting against my interests. They also tried to bully me into giving up all my poodles like the RSPCA Inspector Laurie Stageman did on 9 January 2008. L. Stageman subsequently told Dominic Brunello Solicitor, during a phone conversation, that if I did have any dogs returned to me, he would personally object against the return.

45.           I would greatly appreciate being allowed a reasonable period to procure the services of a suitable solicitor to assist me against RSPCA Special Counsel.

My disability is such that I require my dogs back.

46.  As indicated by the Psychiatrist Report, it would be discriminating not to allow me to have all my dogs back. I am not only attached to all my poodles emotionally but they represented 20 years of selective breeding are irreplaceable. I desperately need my poodles’ love, understanding and protection.

47.  I must also protect my valuable irreplaceable assets my pedigreed poodles which both my deceased husband Neil & I had spent many hundreds of thousands of dollars on their breeding through selective breeding only, running on litters of progeny for genetic testing, monies spent on genetic health testing, imports, on specialist vets. Exhibit GR10 attached to this Affidavit is copy of Ella’s Specialist Treatment Report and expenses paid.

48.  If not for the fact that I still believe in the Justice System, I would probably be very ill from the stress caused by the malicious, world wide defamation of my good name as well as that of my beloved poodles by RSPCA in collusion with Sue Graham through The Poodle Club of Qld which I had worked all my adult life to establish.

49.  Since 9 January 2008, the post person, people in shops, on the street stops to abuse me. I still get an average of 8 phone calls daily of abuse after the 3 months of continuous phone calls of abuse. A Policeman at Beenleigh Police station abused me and disconnected my call when I phoned for assistance when I was being assaulted & my business sign and front yard had been damaged. The Police at Beenleigh and Logan refused to take my report of items stolen by RSPCA recommended me to CMC who refused to investigate my report.

RSPCA has not provided procedural fairness.

50.  RSPCA did not submit for forfeiture the puppies born from my valuable pedigreed pregnant bitches not noted in their records which were seized as they decided the puppies belonged to them. These valuable puppies are legally mine. Breach of Section 152 (2) (d

51.  The seizure conducted by RSPCA Inspectors was not in compliance with Section 144 of the Act. It is impossible for any RSPCA inspector, on arrival at my poodle farm, to reasonably believe all my dogs were “under imminent risk of death or injury, or requires veterinary treatment, or is experiencing undue pain, or the interests of the welfare of the animal require its immediate seizure” without being close enough to a dog to see it’s condition.

52.  The dogs had places where they could stay out of the rain. That they were happy in the rain was not taken into consideration by the RSPCA. That the dogs were wet from the rain does not provide the RSPCA with an excuse to take my animals. None of the dogs were lying down. Everything was soaking wet from the early morning showers. The sky was overcast. There was food still left in the stainless steel bowls in the kennels and large holding pens and this food was dry as it was under cover. Exhibit GR11 attached to this Affidavit are photographs of a poodle when wet and same dog later when dried

53.  When the order was given, no one was close enough to inspect or put their hand on any dog yet the order was to “seize all the dogs” given from some 6 metres from any dog, most of the dogs were at least 15 metres away from S. Towers-Hammond, the furthest was 330 metres away from him.

54.  RSPCA Inspector Laurie Stageman said that they had a couple of complaints some 6 months ago about “sticky eyes”. Six moths ago, we were experiencing extreme drought conditions, if the complaint was legitimate, common sense would dictate that could have been caused by dust. More importantly I would have seen it in my daily morning inspection of each dog. I did not recall anyone boarding with me for that period, as I did not take boarders except on extreme circumstances and from people I know.

55.  Shortly afterwards, the order to “seize all the dogs” was given by Shayne Towers-Hammond who arrived a few minutes after Laurie Stageman who had just served the Warrant to me. This defied Section 3 of the Act and the application for issue of the Warrant. RSPCA stated purpose was contradicted by both the facts and their actions.

56.  After the order to “seize all the dogs” were given, I immediately ask L. Stageman to let me get a Vet to check and to microchip all my dogs, was refused, S. Towers-Hammond later told me, he would arrange to be delivered to me the next day “a detailed list of all my dogs with a colour photo for each dog together with a detailed description of each dog”. The next day, L.Stageman said he was busy and will deliver the detailed list the following day 11 July 2008 but this did not eventuate.

57.  Numerous and continuous requests prior seizure, during seizure, after seizure were made by me and my lawyers Robertson O’Gorman and Burnslaw, to allow my Vet and me to visit RSPCA  kennels to check, to identify and microchip my dogs and to provide a detailed list of all the rare pedigreed poodles were just ignored.

58.  The RSPCA would not allow my vet to examine and microchip my poodles before and after they were taken to their facility. The so called “Black Tag” identification was a myth for identification.

59.  The list which was finally supplied to me on 3 June 2008 stated “list as at seizure” did not bear any resemblance to my actual valuable pedigreed poodles seized.

60.  A letter received by me shortly after 9 January 2008, advised 6 poodles were shipped out immediately after RSPCA Vet check on 9 January, 40 poodles were shipped out to 3 breeders north of Brisbane. Sue Graham adopted 1 dark brown standard poodle adolescent bitch. She also whelped some of my brown and black pregnant bitches and sold the puppies. Breach of Section 152 (2) (d)

61.  During the raid on 22 February 2008, I showed this letter to RSPCA Inspector Laurie Stageman who read it and kept it. The receipts for items taken by RSPCA on 22 February 2008, was not received until 2 weeks later. This letter and many other documents and items which were personal and unrelated to my business were also taken by RSPCA Inspectors Shayne Towers-Hammond, Laurie Stageman and Daniel Young  on 22 February 2008.

RSPCA Officers behaved criminally.

62.  The only way Sue Graham obtained John Dougall’s work email address was through DPI or RSPCA. John’s Statutory Declaration was attached to my Appeal to the DPI lodged by me on 28 March 2008. On the 2nd May, Sue Graham sent an email to John at his work telling him to join the “Save the Poodle” Petition and not to believe the “hand fed” lies about me. The only people who had access to this Statutory Declaration were DPI and RSPCA. John Dougall is a family friend of many years who owns 2 old poodles bred by me. It was John who contacted me and offered his assistance to help me correct this great injustice. He is also a highly respected honorable gentleman who incidentally is the Managing Director of a Public Company.

63.  During the raid on 22 February 2008, RSPCA Margaret Watt saw S. Towers-Hammond rummaging through my handbag watched by Daniel Young. Margaret Watt and I saw Daniel Young coming out of my bedroom, going through my old fridge in the kitchen, removing old empty vaccine bottles, syringes and needles, old medication whilst speaking to someone on his mobile phone. Exhibit GR12 attached is Statutory Declaration of Margaret Watt

64.  S. Towers-Hammond was seen by me placing my 2 attaché cases into the back of his truck parked in front of my reception. Only 1 attache case was returned. He was also heard by Margaret Watt saying to his mobile phone, “we do not have enough, we need the DPI”. Margaret Watt then went to the back of my home where I was standing with Burnslaw lawyers Patrick Earl, Brock and Rachael who made a note of what Margaret heard. Exhibit GR12 attached to this Affidavit is Statutory Declaration of Margaret Watt

65.  RSPCA accompanied by an entourage of Television 7, 2, 9,10, and newspapers Sunday Mail, suburban newspapers personnel, RSPCA video & film crew did not include a Vet nor would they allowed me to get a Vet to check out my dogs and to identify by microchipping my dogs.

66.  Prior to leaving my property, both L. Stageman and S. Towers-Hammond taped on his voice tape recorder, his caution to me and my caution. They left immediately after the taped caution. I returned to the house, it was 4.40 pm.

67.  In all the RSPCA Inspectors actions to date, they clearly failed in their functions to investigate and enforce compliance with the Animal Care and Protection Act 2001 Breaches of Section 115. 

68.  RSPCA Chief Executive failed in his duty by condoning the actions of all RSPCA personnel’s conduct to date. My complaints to the Minister of Department of Primary Industries and Fisheries were all forwarded to the Chief Executive Officer of  RSPCA whom to date had not responded to my complaints and in fact allowed the continuing of the massive defaming campaign on my good name and character as well as that of my rare pedigreed poodles. Exhibit GR13 to attached Affidavit are 2 letters from the Minister of DPI &F saying he had forwarded my letters to RSPCA CEO Mark Townsend.

SWORN by the deponent

at BRISBANE                this day of [month and year]

before me

Justice of the peace