Submission on the Evidence See
More details at www.petmafia.com.au
MAGISTRATE COURT OF QUEENSLAND
Geraldine Fooi-Fong Robertson
17-23 Buccan Road
Buccan, Qld. 4207
The Chief Executive Department of Primary Industries and Fisheries (DPI)
80 Ann Street
Brisbane Qld 4000
The Royal Society for the Prevention of Cruelty to Animals Queensland (RSPCA)
C/o Clayton Utz Lawyers
GPO Box 55
Brisbane Qld 4001
AFFIDAVIT - ON THE
EVIDENCE (finding of facts)
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. Would RSPCA Inspectors and RSPCA Veterinarians lie in court for
- A Queensland woman, Geraldine Robertson, accused of neglecting more than 100 dogs has made this claim to the Magistrate in her Appeal against the forfeiture
(THEFT) of her beloved pedigreed world famous poodles by the Department of Primary Industries and Fisheries. GR1 to this Affidavit is
and her world famous quality pedigree Neiger Poodles.
Mrs Robertson told His Honour, C.J.Strofield at the Brisbane Magistrates Court her dogs
should be returned
to her. The dogs were not sick
nor neglected at seizure. The unforeseeable existing weather conditions of continuous
rain and flood immediately prior to date of seizure followed 18 months of
drought where the 5 acres property were reduced to a dust bowl. The dogs were
temporary held in the numerous holding pens at the house when Geraldine
Robertson saw the RSPCA's entourage of vehicles arriving at the property at 9.45
am on 9th January 2008. The main kennel block of 20 kennels still held 6 kennels
of poodles awaiting to be transferred to the temporary holding pens to enable a
complete clean and disinfection of the kennels. All the dogs, except 4, had been
fed and wormed that morning. A few of the dogs needed extra attention e.g. continuing treatment for
bacterial and fungal infected ears and eyes caused by the hot humid weather.
At the time of the raid on the 9th January 2008, Mrs Robertson said her dogs
were worth $5million. The market price for each adult red and brown standard
poodle were averaging $58,000 per dog at date of seizure. Geraldine Robertson has told the court
she cannot identify any of these dogs in the lists and photos supplied to the
court by RSPCA which RSPCA claimed are all her dogs. Geraldine Robertson
said the photos provided to the Court by RSPCA mostly were of a few photos of
the same aged dogs and others were of 4 months old puppies probably off springs
of the pregnant pedigreed bitches left unshaven. There were no photos of her
valuable pedigreed breeding poodles. Geraldine
Robertson said she had two export orders for her puppies worth
$279,500.00. These poodles were ordered from Hong Kong $260,000 and Singapore $19,500. These orders were never delivered. Geraldine Robertson loved her
poodles and had bred and exported quality poodles that were highly sought after by
breeders around the world. Her dogs were well known all over Australia and were
sold to all Australian States - www.geocities.com/neiger_poodle/
. Quite a few of Australian Poodle Breeders have started their Kennels with
Neiger Poodles as well as purchased Neiger Poodles to inject their special sweet
qualities into their breeding program. GR2 to this Affidavit is
Sheet value calculation.
Geraldine Robertson's Neiger Poodles were exported to many countries including
UK, USA, Canada, Japan, Hong Kong, Thailand, China, Europe, Korea and Singapore. The Neiger
Pedigree Poodles are renown particularly for their Quality, sweet temperaments
and soundness in Poodle breeders circles around
the world. In fact, Geraldine Robertson is the only Australian Standard Poodle Breeder who
has exported many poodle puppies who not only attained in their adopted countries
Conformation Champion status internationally but also increased the gene pool in
the rare colours of Silver, Red and Brown internationally.
- Mrs Robertson said that just before the 9th January 2008 when the RSPCA raided her property and seized all her
dogs. There had been
rain conditions on 5th, 6th, 7th and 8th January 2008 that flooded half of the Beaudesert
Shire which was highly publicised by all the media. She said this rain had created a flash flood that washed debris and silt through her
kennels. She said the ground had been very dry because of the 18 months drought before the rains came and that
was the reason why there was so much debris and silt. That this could happen is
shown by Exhibit GR3 to this Affidavit the land layout.
part of Court Exhibit 2 the video of flood debris taken by RSPCA.
Geraldine Robertson stated that the RSPCA swooped when the conditions caused by the rain
and flooding had been at their worst and were unusual, would have been known to
the RSPCA. Exhibit GR1 to Affidavit shows the kennels in their normal condition.
- That the Appellant had been remedying the situation was ignored by the RSPCA Inspectors.
RSPCA Inspector Lawrence Stageman was told this and it was recorded on
Court Exhibit 25 Lawrence Stageman audio tape transcript. Listen
to Lawrence Stageman's tape recording. The thing to note is that the Entry
Video, Court Exhibit 2 and the Audio tape of Lawrence Stageman at no
time match. The Audio Tape is a fabrication with barking dogs added to drown
out the conversation and bits moved around to make a false story.
Towers Hammond Tape Transcript and listen to Shayne Towers-Hammond tape.
- When the RSPCA siezed all of Geraldine
Robertson's poodles, the RSPCA had made
their seizure a media event thus
causing tremendous distress to Geraldine Robertson.
Geraldine Robertson suffered months of abuse over the telephone. She had
unwelcome visitors come and abuse her verbally and physically with some throwing things at her, stones, cans
and bottles. Geraldine Robertson still had a lump on her head from being hit by
a bottle thrown at her. There were many nasty letters sent to her. She has lived
in fear and terror for the nine months since the raid. There have been
shockingly abusive and unpleasant things said about her on internet forums. The
worst of these has been dogzonline.com.au their forum pages have been full of
abusive statements - These
we have saved for further legal action. Exhibit GR4 to this Affidavit
is the www.dolforums.com.au.
- Exhibit GR5 to this Affidavit
is the Channel 10 news
2. Geraldine Robertson was performing her duty of
care for her world famous Neiger poodles.
- To remedy the flood debris problem for her dogs she had
brought most of them up to the holding pens at the house where the males and females were segregated
into separate yards as usual. RSPCA was informed that morning she had treated them with
all wormer including
for hookworm and had all been well fed and watered.
- In the Court Exhibit 25 tape recording of Lawrence Stageman
Mrs Robertson details how she has been looking after her animals and the problems with the
rain and flooding of the kennels.
- Arrangements had been made for some help in clipping
the ten dogs that needed clipping. The flooding and continuous rain had caused
some of the dogs to become felted and to look disheveled. Poodles being a 2,000+
years old breed in their normal state were felted and normally looked disheveled. It is
only in modern times that clipping of poodles has become fashionable. Exhibit
GR6 to this affidavit is the Affidavit of Annette
Barrel which confirms this.
- When the RSPCA siezed her dogs Geraldine Robertson gave RSPCA Inspector Lawrence Stageman hand
written lists of treatments that her dogs were
getting at the time. (Exhibit GR7 to this affidavit is the Treatment1,
Treatment 2 hand written
sheets provided to the RSPCA)
- The dogs being treated for ear
problems were Millie, Simba/Cinnibar and Boyo.
- Ella needed a special
diet due to extensive specialist vet surgery to repair her esophagus.
dogs being treated for conjunctivitis eye problems were Scarlett, Millie, Boyo
- Gemma had four black standard poodle puppies which
were six weeks old,
Inky had three black toy poodle puppies also six
NOTE:- None of these puppies were weaned as their mothers
had refused to allow weaning. Both mummies were fed fresh mince steak with added
- Worming:- RSPCA Inspector Lawrence Stageman was
told that all the dogs on the property (except the four male standards left in the
midway kennels) had been wormed that morning (that is on the
morning of the seizure) with Panacure 100. All the adult dogs had been given their monthly
all wormer heart worm prevention treatment on the 1st January 2008.
- Geraldine Robertson's dog called Simba
Exhibit 2 - Identified
from the Clipping video as RSPCA's name Jason) was being treated
for an ear problem. His ear had also been flushed out
with Malaseb 1ml in 29mls of warm water the previous morning. There
was a requirement that this treatment continue. The reason was that a few very small
maggots had been discovered in his left ear.
- RSPCA named Sandy (Geraldine Robertson's
was being treated for an ear infection. Geraldine Robertson told Lawrence
Stageman and faxed some notes to the RSPCA. The RSPCA failed to properly act and
this dog suffered greatly from RSPCA's negligence whilst in RSPCA custody. It had to have a great deal of
treatment because it was not treated in a timely manner.
Robertson had a routine of checking all the dogs individually every morning and
This included cleaning the kennels, scrubbing their food and water bowls and
water containers, feeding, watering and checking their eyes, ears and
- Because of the flooding the dogs had been
moved to the holding pens at the house to make the kennels easier to clean. Two
kennels had been cleaned and disinfected with antibacterial and antifungal
Only six of the twenty kennels in the rear block of kennels had dogs still left
- On the warrant executed on the 22nd February 2008
Shayne Towers-Hammond was told that the 12 years old neutered bitch Flirt's eyes were being treated for
conjunctivitis and the yellow ointment was not pus. Shayne Towers-Hammond
seized this dog anyway. He could not have had a reasonable belief that this dog
was being neglected. That this was not explained to him would not be believable.
Daniel Young who inspected
the dog with Shayne Towers-Hammond said in his Affidavit " 9.
I also observed the animal's eyes were swollen and the right eye was almost
closed and was full of yellow pussy discharge. The left eye was open but in a
similar condition as the right eye with similar yellow pus in it." Then
in " 11. After completing a
search for documentation we returned to the dog approximately two
hours later. When l approached the dog at this time I observed that the animal's
eyes had been wiped and the discharge was gone. The eyes
still looked very inflamed."
So Daniel Young noted Flirt's eyes had been cleaned. This indicates that
Flirt was being cared for. The duty of care was being exercised. Court
Exhibit 21 The
transcript of this tape is here. This was confirmed by RSPCA Inspector
Lawrie Stageman in his evidence in cross examination. It will be on the court
transcript. Exhibit GR8 to this Affidavit is the Affidavit
of Daniel Young.
3. Lies about the reasons for the warrant
There were two warrants. The first one was on the 9th
January 2008 and is the one that 104 dogs were seized on. Four dogs were seized
on the 11th January 2008. The second warrant was
exercised on the 22nd February 2008 and is the one where the RSPCA Inspectors seized
Geraldine Robertson's computer
and all her records and her only one dog left called Flirt, a neutered ten
years old bitch who has never lived in a kennel let alone a cage where she is
living now at RSPCA.
- Other property that
amounts to a property theft was also seized. What was taken is detailed in
Geraldine Robertson's affidavit
to the Court. Many records that would have helped in Geraldine Robertson's
application for the return of her dogs were taken. Recent vet records showing
vaccinations and other treatments have not been seen again and thus her ability
to prove her duty of care to her dogs is impaired. Other records being bank
statements, deposit books, customer records, cash books, cash flow records that
show she had the funds to properly feed her dogs also disappeared. Some pedigrees
of poodles also went missing. Exhibit GR9 to this Affidavit is this affidavit
to the Court
- That the Poodle Club of Queensland conducted a vicious
campaign (Vendetta) called "Save The Poodles Petition" against Geraldine Robertson is supported by
Exhibit GR10 is GR3 to
the Appellant's Affidavit of things taken sworn 4 8 08. Sue Graham Life Member, Nominated Standard Poodle
Rescue Officer with the Poodle Club of Queensland, with a liason of twenty
years with the RSPCA ran this campaign. This email states: "lf you
can help you can contact me on 07 55470 542 - Sue Graham". Sue Graham
sold a brown standard male puppy from one of Geraldine Robertson's pregnant
pedigreed bitch seized by RSPCA on 9th January 2008 to Marilyn Diamond for $150.
of Paulina Jones. Sue Graham also told Marilyn Diamond the puppy was from
Geraldine Robertson's pregnant poodle seized on 9th January 2008 and if
Geraldine Robertson found out she has the puppy she would have to pay a lot more
monies for the puppy and also it must not to be taken out to public places as
the puppy has kennel cough. Exhibit GR10 is GR3 to
the Appellant's Affidavit of things taken sworn 4 8 08.
- The RSPCA invoiced Geraldine Robertson
$253,999.49 to the 10th April 2008, this is $200 per dog per week, GR6
to Appellant's Affidavit 28_7_08 for what they called expenses in looking after her dogs. The 260
pups born to the pregnant bitches and worth over $500,000.00 have not been heard
of. What happened to her RED and BROWN ADULT STANDARD POODLES are not known. There
were dogs seized worth up to $58,000.00 each and their photos are not in the
records provided by the RSPCA to Geraldine Robertson in the court. The total
value of poodles stolen was $2,363,500.00 with bitches pregnant to pups worth
another $1million. There has been enough time for another 600 pups to have
been bred from these dogs by the RSPCA. The greed is so great that pups as young
as 6 months have been mated, this should not have happen. Exhibit GR11 to
this affidavit is Pups
sales and poodle breeding that the RSPCA will not talk about.
- On the the 8th February 2008 Fiona
Maree Ferguson of the DPI&F made the decision detailed in her affidavit
to forfeit Graldine Robertson's poodles seized on the 9th January 2008. The information she relied on was provided
by Inspector Stageman in an application for
- On the
14 March 2008 Fiona
Maree Ferguson of the DPI&F made her second decision to forfeit
Geraldine's last dog. This was the dog seized on the 22nd February 2008.
The Information relied on for the dog named Flirt was provided by Inspector
On the 21 April 2008 & 24 April 2008 Dr Rick Symons General Manager
Animal Welfare of DPI&F after requesting another further detailed report
from RSPCA Vet Anne Chester confirmed the Forfeiture of all the 104 dogs seized
on 9 January 2008, 4 dogs on 11 January 2008 and 1 dog seized on 22 February
2008. The decision was again based on
RSPCA statements previously submitted and misleading amended Vet reports.
Also in Dr Rick Symons' decision he distorted the facts stated in Geraldine
Robertson's Appeal statements and blamed her for the lack of duty & care to
allow 7 new born toy poodle puppies to die when RSPCA had neglected to take the
puppies when they snatched their mother from her whelping box.
There is a problem. Any owner of a
Pomeranian and Australian Silky Cross dog would know that they are dogs that
seldom bark. The statement "He also reported that both animals had
vocalizing problems" could not be true. An owner of these dogs
would know they rarely bark.
Initial Information and Warrant
Application. (Can you believe "wet urine soaked coats" below?)
"On 3 .Ian 08, information
was received by the RSPCA Qld Animal Cruelty Complaints ''Call Center from Mr
Norman Emanoue1 of 38 Emerald St Murarrie Qld 4172. This information was a
complaint relating to the condition of his two dogs (Pomeranian and Australian
Silky Cross) when he collected them from the Waterford Kennel after a period of
boarding (10 - 11 days).
Mr. Emanoue1 stated that on 24
Dec 07, he placed his dogs into the boarding kennel. Both animals were in
excellent condition. Mr. Emanouel stated that he collected the animals on 3 Jan
08. He discovered that one of his dogs had puss in its eyes and both animals had
wet urine soaked coats. He also reported that both animals had vocalizing
- The warrant was based on a false complaint.
4. "The putrid smell was
so bad it burnt the back of my throat".
- Shayne Towers-Hammond.
- Witnesses for the RSPCA, Lawrie Stageman, Shayne Towers-Hammond and Katie Heaton have said
the entrance courtyard to the left of the entrance was covered in a sludge of faeces and urine and had a strong stench of ammonia.
Shayne Towers-Hammond said it burnt the back of his throat.
- When they entered Geraldine Robertson's office
they said the same things about the smell. Katie heaton said there was a strong
stench on ammonia and that she saw one RSPCA officer wearing a face mask.
- They have also agreed it was lightly raining
at the time. Ammonia is water soluble and would washed away any urine or faeces
that would cause a smell.
- When looking at the plausibility of this
evidence we have to consider human nature. When people lie they enhance the lie
to make it successful, but at the same time they also make it less plausible.
This is what has happened her. To say "it burnt the back of my throat"
makes the whole putrid smell a complete fabrication. To say an officer was
wearing a mask makes the lies implausible.
5. Lies of Putrid Smell, urine & faeces in area
left of entrance. (Can you
believe an overpowering putrid smell in the house?)
- If the conditions the animals live in were poor the RSPCA
can justify seizing animals. These conditions can be created with lies
like putrid smell and faeces and urine everywhere. Witnesses for the RSPCA, Lawrie Stageman, Shayne Towers-Hammond and Katie
Heaton have said that an entrance courtyard to the left of the entrance was covered in a sludge of faeces and urine and had a strong stench of ammonia.
The dogs lived at the kennels, they had only been brought to the court yard holding
pens at the house that morning. They were only there for treatment - worming and
to enable the kennels were being cleaned efficiently and properly after the flash flooding.
It had been raining heavily the previous night and continued raining lightly all
day at the time the warrant was served and this rain would have washed any such smells away.
Ammonia is very soluble in water and in the rain there would not have been any
ammonia smell. Ammonia from urine only comes after the urine has been sitting
for a long time. There was no such ammonia smell possible because of the
conditions - rain and the short time dogs were in the courtyard. The so called urine would have been washed away in the rain and there were no faeces there at all.
- Mrs Robertson states that this was just wet concrete with a small number of stones,
some sediment from the visible fallen embankment and leaves on it. She stated that the rain that morning was so heavy that it washed the area clean and left some mud and debris at the end of a small passage
way because some bricks had fallen from the embankment and the dirt behind them
washed down. RSPCA said the dogs smelt, poodles have a woolen coat and as such do not have
the smell like other dogs - in fact the dogs did not smell.
- Katie Heaton pointed to a photo of the court
yard and said the wet concrete was a sludge of faeces and urine. The Affidavit
of Katie Heaton had
this photo of the yard
to left of entrance area that Katie Heaton was referring to. See
Court Exhibit 2, this entrance area video taken in the morning. See
Court Exhibit 22, this exit video taken in afternoon. Katie Heaton lied and His Honour C J
Strofield knew it and accepted the lies as evidence to rely on when making his
is the Photo referred to by Katie Heaton in her affidavit where wet concrete
is a sludge of faces and urine.
Towers-Hamond in his Affidavit said he arrived after
12:45pm (Fairfield is about 45 minute drive from Waterford). In paragraph 2
he said "On 9 January 2008, about 12:45pm,
I was requested to accompany a fellow RSPCA Inspector to Lot 13 Buccan Road,
is the Affidavit of Shayne Towers-Hammond.
- In paragraph 4 he said " As I made my way
to the front entrance of the property I could immediately smell a heavy pungent
stench of what I believe to be animal excrement. This smell was rather
overpowering. As I entered through the front entrance doors I saw a number of
what appeared to be poodle type dogs in 'penned' directly opposite the office at
the main entrance. There would have been about eight or so dogs of varying size.
I could see their coats were heavily knotted and overgrown. These animals were
in a filthy condition and were barking incessantly. The smell was such I could
feel the burning sensation at the rear of my throat. I saw that there was a
considerable I saw that there was a considerable amount of animal excrement
on the ground and there was discarded dog fur strewn throughout the 'pen'."
GR14 to this Affidavit the photo of the yard
to left of entrance area Court Exhibit 22 and Court Exhibit 2 completely disputes this statement.
- Shayne Towers-Hammon when sworn and giving
evidence as a witness was shown the Exit Video he said he took at 2:55pm on the
9th January 2008 of this area. When confronted that
there was no urine and faeces in this area, he volunteered that it had been
cleaned up. This exit video had LOUD scraping noises in it but no indication of where
the scraping was coming from. That the RSPCA can edit videos and dub sounds is a
likely explanation for these noises. But, when you consider a woman is about to lose all her dogs,
her business and is in a state of crisis
and shock over this there is no way she would have even considered doing any cleaning.
Geraldine Robertson clocked the exit video as taken at 4.30pm as both her
neighbours came over immediately afterwards. His Honour C J Strofield refused to allow Geraldine Robertson to play these
videos, Court Exhibit 2 - the entrance video and Court Exhibit 24 - the exit
video and this Geraldine Robertson was not allowed to discover/prove this
perjury by Shayne Towers-Hammond. The His Honour acted corruptly and then protected
the witness by later saying "there has been no perjury". See this entrance area video taken
in the morning. Court Exhibit 2 See this exit video taken in afternoon.
Court Exhibit 24. Note the conditions are exactly the same and there
has not been any cleaning.
- When shown the entrance video which showed the
yard in exactly the same condition he pointed at some stones and said that they
were faeces. When the Appellant, Geraldine Robertson, tried
to compare the two images (entrance video and exit video) to show that the area
was the same and had not been cleaned His Honour said "We will not go
there" and thus refused to allow Geraldine Robertson to prove the witness
Shayne Towers-Hammond was lying.
- His Honour has said that there has not been
any perjury by any witnesses and that he will consider their evidence.
- Lawrence Stageman said he took a video of this area at 11:13am and this does not show any faeces and urine in this area.
See this entrance area video taken
in the morning Court Exhibit 2.
In the Affidavit of Lawrence
Stageman he said in Paragraph 6 " I then started to inspect the
property. Just off to the left of the entrance I sighted a number of poodle dogs
in an outside yard. It was lightly raining and I saw that there was a large
amount of dog faeces all over the ground .• The dogs there had matted hair and
were covered in the faeces on their coats. There was a strong smell coming from
the dogs' coats." The photo
of the yard to left of entrance area (GR14) completely disputes this statement.
These dogs do not look like they were covered in faeces. It
shows an area of wet concrete with some dogs playing in the rain. When
confronted with the photo and video he said he took, RSPCA Inspector Lawrie Stageman, in evidence said that the area had been cleaned. When his audio tape was examined the cleaning was totally absent.
His Honour refused to allow Geraldine Robertson to play the audio tape made by
Stageman. This audio tape had recorded the conversation from first encounter to
the making of the entry video - Court Exhibit 2. His Honour C J Strofield acted
corruptly and protected the witness from being discovered as a perjurer. This
Honour C J Strofield later said "there has been no perjury". On page 6 of the
Court Exhibit ? audio tape transcripts there is a statement where Stageman says to someone else “Go and get my video camera”. Thus in 6 pages and about 35minutes since his arrival there had not been any cleaning done. But, when you consider a woman is about to lose all her dogs,
her business and is in a state of crisis
and shock over this unimaginable event, there is no way she would have even considered doing any cleaning. GR15
is the Affidavit of Lawrence Stageman.
paragraph 6 attached to the Affidavit of Fiona Maree Ferguson Lawrence Stageman
states "I then started to inspect the property. Just off to the left of
the entrance I sighted a number of poodle dogs in an outside yard. It was
lightly raining and I saw that there was a large amount of dog faeces all over
the ground. The dogs there had mattered hair and were covered in the faeces on
their coats. There was a strong smell coming from the dogs coats."
video of courtyard off to the left of the entrance with puppies playing. -see
shots and photos of this area. There was no large amount of dog faeces all over the ground , puppies
do not matt and certainly were not covered in faeces and urine.
States in Paragraph
9 (and in her evidence as a witness) of her Affidavit "I sighted to the
left of me a concrete area that was completely covered in a sludge of faeces".
Geraldine Robertson did not recollect seeing Katie Heaton at her property on 9th
January 2008. When shown the see GR 12 photo of
the yard to left of entrance area which, Katie Heaton claimed she took,
Katie Heaton pointed to a wet area of concrete and said it was a sludge of urine
and faeces. Katie Heaton stood her ground and kept to her statement in the face
of the photographic evidence to the contrary. See this entrance area video taken
in the morning Court Exhibit 2. See this exit
video taken in afternoon Court Exhibit 22.
- The RSPCA kennels show faeces and urine sludge - Photos
taken shows the miserable condition of RSPCA kennels. His Honour would not
allow these photos to be entered as court exhibits. They show how things can be
seen because of lighting and other effects. GR16
is the photo of the miserable conditions of RSPCA Kennels.
Kennel's puppies were not covered in
faeces and urine. They were wet after playing in the rain and were put into
when Geraldine Robertson saw the RSPCA arrive.
- The RSPCA made themselves liable for
the costs to Appellant Geraldine Robertson (Defendant in the matter of Benji-Pet
Kennels) when they said "Our client does not consent to any of the
animals being transferred to your client's Singaporean contact." in
paragraph 5 dated 11 February 2008 to Mr Dominic Brunello of Robertson
O'Gorman Solicitors the then solicitors for Geraldine Robertson. Exhibit
GR17 to this Affidavit is this letter
Geraldine Robertson had an order from Benji-Pet
Kennels of Singapore for thirteen puppies. She had these puppies in the court yard
and shed at the house where they had been playing in the rain. These puppies had
been vaccinated and wormed regularly in preparation for shipment to Singapore. When the
RSPCA arrived she hurriedly placed these puppies
into holding pens in the house. When looking at these puppies they look
healthy, clean, wet, inquisitive and happy. Exhibit
GR18 to this Affidavit are the photos of the Benji-Pet Kennel Puppies.
This shipment consisted of the following dogs as at the 9th January 2008:-
To Mr Julius Goh of Benii Kennels,
o 2 Pomeranians
o 2 Labradors
o 2 male red standard poodles (11 weeks old)
o 1 female red standard poodle (11 weeks old)
o 2 apricot male toy/mini poodles (3 months old - to be
o 1 white male toy/mini poodle (3 months old - to be vaccinated)
o 3 red male toy poodles (3 months old - to be vaccinated)
- Geraldine Robertson, through her lawyers
made a concerted effort to get the Benji-Pet kennel dogs shipped to Singapore
for Benji-Pet Kennels. See
Exhibit GR3 to the Appellant's Affidavit of 21 July 2008. Dr Calum Robertson, the AQIS accredited vet was booked to microchip and treat these Benji-Pet Kennel
puppies in preparation for shipping to Singapore. These communications
are contained in the emails both ways. Every effort was made by Geraldine
Robertson with the RSPCA to get these puppies shipped to Benji-Pet Kennels. Exhibit
GR19 are the emails referred to above.
- Geraldine Robertson also made a concerted effort
to have these dogs identified for shipment to Singapore. GR17 - the letter
dated 30th January 2008 from Roberton O'Gorman paragraphs 6 - 10 with
of 17th January 2008, letter
of 21st January 2008, and email
from Dr Calum Robertson AQIS Vet and receipt
for seized property) to Clayton Utz (RSPCA Lawyers) is attached
supports this effort. This
is their reply dated 11 February 2008. Exhibit GR20 to this Affidavit is
of 17th January 2008. Exhibit GR21 to this affidavit is the letter
of 21st January 2008. GR22 to this affidavit is this
is their reply dated 11 February 2008.
her evidence as a witness said that she thought the Benji-Pet Kennel dogs were
ready to be shipped to Benji-Pet Kennels and said she made an effort to aid in
their shipping. Dr Lomax also said she organised for Benji-Pet Kennel puppies to
be taken to the AQIS accredited Vet for treatment prior to shipment to
Singapore. Exhibit GR23 is the Affidavit of
Geraldine Robertson was not allowed to identify the
13 puppies belonging to Benji-Pet Kennels prior to being taken to AQIS Vet for
examinations and treatments. This was very important as there were many other
dogs similar in appearance which were seized.
Repeated requests to RSPCA Inspectors
during seizure on 9 January 2008 by Geraldine Robertson to
have all the dogs micro chipped were totally ignored. Subsequent
repeated requests for proper identification of all the dogs seized made over
many weeks following were totally ignored by RSPCA. The promised receipt by
RSPCA Inspector Shayne Towers-Hammond of a coloured photograph of each dog
together with a detailed description of each dog alongside the photograph to be
delivered to me the next day 10 January 2008 was deferred for one day never
eventuated. A non descript receipt
issued some 10 days after seizure for the 104 dogs seized were further reason
for doubting RSPCA's tacit refusal to release any dog in their custody. This
support, it was RSPCA intentions to "legally steal all my beloved, valuable
The arrangement made by RSPCA according to Dr Lomax
was done without advice to Geraldine Robertson or the AQIS Accredited Vet, Dr
Calum Robertson. According to Dr Lomax, evidence at the witness box, on arrival to
a AQIS accredited Vet, RSPCA were apparently advised
that the AQIS Accredited Vet could not treat the Benji-Pet Kennel puppies. Numerous communications between Geraldine Robertson's lawyers and
RSPCA (see GR3
to Appellant's affidavit sworn 21 7 08) Chief Inspector Michael Pecic to have Benji-Pet Kennels puppies properly
identified by Geraldine Robertson and micro chipped accordingly failed. RSPCA
Chief Inspector Michael Pecic refused these requests.
Lawrence Stageman in his sworn witness evidence said he had made
an effort to ship these dogs to Benji-Pet Kennels as well. These dogs were in good
condition and had no health problems. They were seized anyway.
- In paragraph 5 of Shayne
Towers-Hammond Affidavit he said " As I entered the main office
house area I immediately saw poodle type dogs caged in a number of wire type
cages. The animals within these cages were standing on what I could see as urine
soaked and faces encrusted built up newspaper. I did not see any bedding or food
bowls for the animals, I saw that cages were stacked in between dust and dirt
covered document files and office equipment. From the cob webs it appeared to me
as this are had not been cleaned for an extended period. The smell in this
office is was in my belief rancid. The dogs in the cages also had filthy coats
which were certainly in need of care. The living conditions for them in my
opinion were woeful." When compared to the photos and the circumstances
this is just a big fat lie.
In Paragraph 9 of Lawrence
Stageman's Affidavit he states "I then moved into the lounge room
area. Again the smell intensified. I saw that there were a number of other dirty
cages on the floor with a number of small poodle puppies in them. I did see one
of the cages appeared to have been cleaned, but the excrement and the filth had
spilled out onto the floor of the room"
- Katie Heaton went into a lot of detail about
these puppies in her Affidavit sworn 25th
August 2008 GR. All these lies
have been accepted as evidence in the court without question. There were no
puddles of urine coloured water. Exhibit
GR 26 to this Affidavit is the Affidavit of Katie Heaton sworn 25th August
- That they could say this about puppies that had
just been happily playing in the rain and were put into these pens for their own
safety from the RSPCA crowd about to enter the premises is simply another big
7. 104 Poodles were packed / compressed into 24
compartments for transport to RSPCA at Fairfield.
- Geraldine Robertson said that she saw her dogs
being shoved in nilly-willy, packed tightly into the compartments of the dog
trailers. RSPCA were so hasty in their theft, they didn't care how the dogs were
transported. Geraldine Robertson saw the dogs terrified, very scared and
vomiting. The dogs were packed so tightly they were urinating and defecating on
each other out of fear. Paragraph
30 Affidavit of the Appellant sworn 28th July 2008 says it ALL. Also
mentioned in para 10 and para 49 of the Affidavit of the Appellant sworn 21st
- Lawrence Stageman said there were 2 x 8
dog trailers, 1 x 4 dog trailer and 4 x 1 council cages to remove all the
dogs from Geraldine Robertson's property in a 45minutes drive through crowded
traffic to RSPCA Fairfield Shelter. Thus 104 dogs were packed into the
space designed for 24 dogs. That the dogs were harmed by RSPCA transport is
significant. But they lie again when they say:- Exhibit
GR24 to this affidavit is a photo of one 8 dog trailer.
- Shayne Towers-Hammond, the liar, said in cross examination
the dogs were not over crowded.
Heaton - the liar in her affidavit said that no dogs were over
crowded. She also confirmed every paragraph in her affidavit from the witness
- That RSPCA Officers had vomit on their shirts was
photographed and provided in their evidence. Exhibit GR25 to this affidavit is
- Can you believe them? RSPCA
Inspectors lie to steal Geraldine Robertson's beloved poodles.
- It is to be expected from this type of treatment
that the dogs would be damaged and made sick by the RSPCA. When they say they
were covered in faeces and urine it is the RSPCA treatment that caused it. That
there had been significant rain and poodles love the water would lead to the
conclusion the poodles were clean from the rain at Geraldine Robertson's kennels.
The poodles all have access to concrete and grass yards on the fully developed 5
acre parkland setting.
8. Another RSPCA fraud to the Court - "Felting and long wool is a problem for
- The Management of a poodle kennel
requires a continuous process of clipping of the poodles. This means there will
be poodles just clipped through to poodles needing clipping. The RSPCA have made
a big deal about about a minority of poodles that were due for clipping.
Arrangements had been made to clip poodles with (GR6) Annette
Barrel's affidavit sworn 27th March 2008 gave evidence of this. The Respondent (2), RSPCA, have
video footage of a few of these GR 27 - poodles being clipped with a surgical blade
which is harmful and dangerous to a poodle. Most of the dogs that were
surgically clipped received clipper burns and required treatment and pain
killers as a result - This is documented in the RSPCA
Veterinarian Records Court Exhibit 33.. Twelve year old Jason (Simba) (BT5757
RSPCA Vet records Court Exhibit 33 and other poodles can be seen In
this video footage taken by Respondent (2) Court Exhibit 2) running happily around in their
yard. Being over coated and felted was not a problem to them. They were happy
dogs and there were no dags on them, they were clean and felted. GR5 - Channel
10 TV news said bad things about Geraldine but when looking at the poodles,
the clipping was not necessary. There are the worst over coated poodles and they are
happy jumping around excitedly. Over coating was not a problem to them. (the
conversion program loses the sound). The RSPCA refused to provide any other
footage that they took. Exhibit
GR27 to this affidavit is photos of the RSPCA harming poodles by surgically
The poodle is a 3000+ year old breed and in its natural state was felted. It was
a breed that originated in Northern Europe and is a cold climate dog. Clipping
is only a modern fashion. In some countries including Australia poodles are
allowed to be exhibited in Conformation dog shows in the "corded" wool
style - this is the dog in its natural state. When the RSPCA Veterinarians
say that dogs suffer when they are over coated they are talking nonsense and
they are not poodle experts.
occurs when the the poodle wool becomes matted. The weather and rain causes
felting. It is natural for poodles to become felted. Dogs do not sweat, they rely on their wool to both keep them cool and
warm depending on their environment. Dogs expel heat through their wet tongues
and by panting. Surgically Clipping a dog causes overheating as well as over
cooling. Nights can get cool especially when living in a fully sealed
metal container where the RSPCA kept Jason with only an exhaust fan over the roof.
(2), the RSPCA, murdered Jason. They took
video footage of their people surgically clipping Jason Court Exhibit 2 (Simba) and used
this footage to claim that Jason(Simba) had suffered neglect. Jason (Simba), the
twelve year old male poodle, died from
pneumonia caused by exposure because he had no wool on him to protect him from the
elements. But worse, he suffered terribly, a suffering caused by Respondent (2)
the RSPCA. The question has to be asked "what was kindest for Jason -
leaving him matted and clipping him properly at a later date or surgically
clipping him and murdering him. The RSPCA Veterinarian records show the
following for Jason (Simba) "4/3/08
lethargic, inappetant, mucopurulent nasal discharge, temp 40.8 - Baytril
2.4ml sc lf 5/3/08 depressed
lethargic,not eating, serous nasal dicharge, mm pink and moist, CRT 1s,
breathing ok, chest sounds clear. 6/3/08.
as for 5/3 not eating, IV hartmanns 60ml/hr,observe coughing. Baytril 150
od, am. 7/3/08. Dyspneic,
congested lungs. Ambroxil 2.3ml iv, cont with baytril and mucohexine 6
tabs bid x 7days. RM PM dyspnoea worsening Ambroxyl and Noroclav refer to
UQ 8/3/08 pneumonia possibly
secondary to lung tumour - unable to give definitave answer due to diffuse
pattern iv fluids oxygeb therapy intensive care- no improvement dog
suffering put to sleep on the 10/3/08-alc"
- The University Vet report shows Jason died from
pneumonia - Read it here
Court Exhibit 36. The RSPCA murdered Jason (Simba) by surgically clipping him and then
had contempt and lied to say they exercised their duty of care to Jason (Simba).
Geraldine Robertson said that she had no poodles looking like the one in the
Photo released to the media following the seizure that showed a massively over
coated poodle with faeces and dirt dags hanging off him/her.
This photo could easily have come from the RSPCA picture library. That they have
been prepared to cheat, lie and distort everything in the media and the court
makes it an RSPCA fabrication from the RSPCA photo library.
In the entrance yard the poodles were not felted. See
this entrance area video taken in the morning
Court Exhibit 2.
9. BT5732 -
?? Ned had Maggots?? Another
fabrication of evidence
- Before we deal with this issue we should have a
look at two videos taken by the Respondent (2), RSPCA, of Ned at the RSPCA
Fairfield Animal Shelter. This
is part of Court Exhibit 2: Ned
was on a lead being walked to the RSPCA kennels on arrival at the RSPCA
Fairfield shelter. The RSPCA chose the worst looking dogs to display
for their media campaign and for the court. This
is also part of Court Exhibit 2: Ned drinking water
in the RSPCA kennels after a 45 minute drive through heavy traffic to the shelter.
(videos taken from RAPCA's "doctored" Videos supplied to the Court Court Exhibit 2). Ned is
clean and he is over coated with felting. I would submit that Ned is normal
and subdued after his ordeal of being transported with 104
other dogs in carrying capacity designed for 24 dogs. It is clear that Ned does not have maggots in both these
videos and he does not have dags and is not covered in faeces and urine.
He is over coated with felting and
he is clean.
RSPCA might falsely claim this is a different dog. A close look at this dog
shows that it is the same dog in the following video and photos. If this dog did
not have maggots added to it's coat, because it is over coated and felted,
the dog would definitely have been used and displayed in videos showing dogs
that were felted as the same dogs were shown over and over again at different
intervals. The RSPCA would not have missed this opportunity. RSPCA can not get out
of this one.
- Now we can have a look at Ned on the 10th
January 2008 a day after the seizure. Ned
with Maggots Court Exhibit 20. Another video of Ned
with Maggots taken on the 10th January 2008 Court Exhibit 20. Another
movie of Ned with Maggots Court Exhibit 2. This evidence convicts the RSPCA of fabricating
evidence. But wait - it gets even worse for the RSPCA.
- The RSPCA did not know that the Department of
Primary Industries supplied the Appellant a VHS Video Court Exhibit 2 of their fabricated
evidence in March 08. They made a mistake and did not realize they made a
mistake, until they had committed themselves to all their lies with their
Ned (named Jack by Geraldine Robertson is registered pedigree as Neiger Jack in the Box) 8 years old was always
dearly loved and wanted by Geraldine Robertson from the day she delivered him at
He was Geraldine Robertson's FUTURE as a stud dog.
- RSPCA Veterinarian, Dr Lomax, said Ned had maggots with faeces above
and around a wet area near his anus. Ned is a male dog and urinates from a place
well away from his anus. How could he have urine and faeces around and above his
tail? How faeces & dags were on his back above his
tail is unexplainable. How this could happen is a curiosity. In fact, it does not happen. See
video of Ned on arrival at RSPCA Part
Ned running Court Exhibit 2 and drinking water Part
Ned drinking Court Exhibit 2 , he was a happy dog. RSPCA anesthetised him
later, see his demeanor when the photos were taken of him when RSPCA was trying
to show his coat with maggots. This video supplied to us by DPI and the Vet
record clearly proves Ned did not have maggots and was healthy, happy and
thirsty from his long hot drive to RSCPA Pound.
There were no open wounds and what the
maggots could have eaten to get so big and fat is not answered. How only that part was
wet is still unanswered. Dogs body warmth dries their coat and the oils in
the coat repel water keeping a warm inner dry area around the body. That
Ned was wet in this place to the skin is peculiar.
- The Vet
report for BT5732 Court Exhibit 33 does not show that this dog Ned had maggots. Someone
forgot to tamper with the Veterinarian's computer records. "10/1/8 Clipped, Given 1.3ml noroclav injection. 11/1/8 Gave IV Fluids @ 25ml/hr as was quite flat this morning. p.m. - Pulled drip out, drinking well, query eating? Temgesic given tid and continue with antibiotics add nsaid norocarp to treatment regime 1 x daily. 12/1/8 Dog seems very uncomfortable. Query straining to defecate or just too painful to sit down. Place back on IV fluids @ maintenance; eating small amounts of tinned food. 13/1/8 Taken drip out again!! But eating tinned food today; straining and eventually passed soft faeces, seems better in itself. 15/1/8 Happier each day; fur matted to skin will probably need GA to clip and scrub, spray dermacleanse today nad apply neotopic, continue
fur is wet with maggots crawling through it. This evidence
of Ned and his maggots can not have credibility. See also the completely dry
wool coat shaved off belonging to Ned shown by RSPCA in photograph of clipping
Ned. How was it possible that the fleece was completely dry and maggot free when
the photographs of clipped Ned was shown in the photographs as soaking wet?
- Ned was clipped with surgical clippers.
Surgical clippers cause very painful clipper burns that are easily
infected and can often require pain killers. Pain killers cause dogs to
have to strain to defecate. Clipper burns make it too painful for the dog
to sit down. This is the treatment that would have been required for bad
clipper burns. It is a simple case of bad and incorrect management of
removing Ned's fleece coat.
- Dr. Anne
Chester said a similar thing in paragraph 12 of her affidavit. Exhibit GR28
to this affidavit is the
Affidavit of Anne Chester
- Dr Lomax made a point about Ned having
Maggots in her affidavit. (GR23) The
Affidavit of Dr Lomax.
- Believe it or not, ALL RSPCA Vets appeared to not
only lie, but lie badly.
- All photos and videos of Ned were taken at RSPCA
- These photos have been taken from an RSPCA video supplied
as Court Exhibit 20. Note the wet area
with faeces and urine with maggots on his coat above his tail and on his back.
It is not possible for a male dog to urinate and defecate onto his own back? There
were no open wounds on Ned which means that the fat maggots did not have a
source of protein to thrive on. Normally fly blown animals have wounds that the
maggots feed in. How Ned's coat got wet such that maggots would slither
through it is also a surprise. Maggots are normally grouped together eating
blood and flesh from the same spot. They are not freely slithering through a
felt. The Evidence that Ned had maggots is fabricated.
- The Vet report
for BT5732 Court Exhibit 33 does not show that this dog Ned had maggots. Someone forgot to
tamper with the vet records.
the video of NED with his maggots in the impossible areas.
- See some photos of Ned with his maggots. Court Exhibits 19 Nos.
1-9 The maggot photos supplied by
- How could a male dog defecate such as to get dags,
faeces and urine above his tail?
dog called Sandy had an ear infection.
(Geraldine Robertson's dog Millie If it could be
identified as Millie - ) bt5372
Chester said it was caused by the Appellant's Negligence when the problem was
first discovered by the RSPCA
nine (9) days after seizure, according to the
RSPCA's own computer vet records.
- Millie was
being treated for an ear infection. Geraldine Robertson told Lawrence Stageman
and faxed some notes to the RSPCA. The RSPCA failed to properly act and this dog
suffered greatly from their negligence. It had to have a great deal of treatment
because continuing treatment was not given. When the RSPCA siezed her dogs Geraldine Robertson gave RSPCA Inspector Lawrence Stageman hand
written lists of treatments that her dogs were
getting at the time. (GR7 Treatment1,
- The dogs were seized on the 9th January 2008
and this dog was neglected till the 18th January 2008. Then the Veterinarians
discovered that this dog needed treatment. Appropriate and continued timely treatment
would have prevented the suffering of this dog and cost of treatment of the dog.
- The following is from the Veterinarian Records
for this dog bt5372. That so much attention has to be given to
one dog indicates neglect by the RSPCA kennel staff. Proper timely treatment
would have prevented such an extensive list of veterinarian procedures. This
indicates that the RSPCA is incompetent and should not be looking after animals.
"18/1/08 been on treatment for right ear here for recheck - purulent looking discharge in right ear, clean ear and instill surolan bid recheck monday lf 4/2 GA to flush ears swab of left ear to IDEXX lf CULTURE Mixed growth including Heavy growth of Pseudomonas aeruginosa  16/2 infected rt ear cleaned and surolan bid and continue
baytil 150 oid vwl Isolate 1 Cephalexin R ChloramphenicolR Gentamicin S Neomycin R Polymyxin B S Tobramycin S Ticarcillin S Tetracycline R Enrofloxacin S Framycetin R Doxycycline R 9/2 slight discharge left eye. 23/2 has been on baytril and malaseb ear wash but has possibly not been having ear wash so BRING TO VET SURGERY DAILY to get done-alc 29/2/08. Stop baytril as ears look good. Cont. daily malaseb washes and surolan bid x 7days. RM 6/3/08. Left ear looks good, flush R ear malaseb. to cont. daily flushes. RM 7/3/08. Baytril for R ear bidx7days. RM 25/3 ears still sl dirty X 2, cont to clean with malaseb flush eod in vet surgery vwl 4/4 l ear needs tx flush each day in vet surg and baytril bid vwl 10/4/08. Ear still bad. To dsx 11/4/08 for GA and flush. RM 11/4/08. Under GA R ear is blackened due to scar tissue in canal, no real infection present. Flushed plucked and cleaned both ears. No madication nec. at this stage. Check ears every wed. bring to vet surg if a problem. RM 20/4/08 R ear canal ulcerated again. Start Surolan again bid. Recheck 3 - 4 days DMc 28/4/08 Does not look to have been treated. Recheck daily & instil surolan (or change?) DMc 29/4/08. No suralan or plan dispensed. Clean ears recheck 7 days. RM 7/5/08 Gone to Ken Mason (AADS) for treatment of ears. 22/5/8 permissin given for excisional biopys 1cm mammary mass - Lisa Mason.DIAGNOSIS:. Benign mixed mammary tumour COMMENTS:.This neoplasm appears benign, based primarily on the lack of a tendency to invade surrounding connective tissue. However, if there are enlarged regional lymph nodes these should be examined by cytology or histopathology. Bitches that develop mammary neoplasms may develop additional independent tumours in the future. These will not necessarily be of the same histologic type and should be excised as soon as detected and evaluated histologically. MARGINS:.In the plane of section examined, excision appears complete.
22/2/08 small growth found in lesion on back of dog, swollen around hole, kefvet 500 1t bid vwl 21/5/08 Hx shaking head and scratching at the ears R mores so than the L. GPE increased hair and brown yeast smelling wax down both ear canals. Tx plucked ears as much as the dog would tolerate, cleaned ears with saline and start on Surolan 10-15 drops BID for 12 days, stop for 2 days, then rchk. NB dog may require G/A to have ears plucked properly. CBeutel.
9/2 left ear cleaned. Needs dental. 14/3/08. Came in with 2 pups approx 2 weeks old. Given epiotic and swabs to wipe ears out daily. Only dirty especially left ear. Eyes very messy, cleaned tid, given tricin use tid. Girl pup ? starting snuffles. Observe at present RM 28/5/08 Sore L ear. Increased brown waxy d/c down the L ear 2 days after being cleaned, R ear small amt of brown waxy d/c. Tx Surolan 10-15 drops BID for 10-14 days. CBeutel. 15/3 Female pup very chesty still feeding well start both pups on cephalexin 200 1/8 tab bid 8d. mum slight cough on tracheal palp supplied linctol but just monitor for now lf 24/5/08. Check ears very clean just hairy needs an ear pluck at groom. RM 28/5/08brown waxy discharge L ear 2 days after cleaning, surolan drops to both ears bid x 10 days. RM 6/6/08. Bilateral entropion, minor, right worse than left. RM 8/6/08. Clean both eyes and lids, surgery looks OK.RM 11/6/08. S/R, looks OK. RM 14/6/08. Stop eye and ear meds, just wipe eyes daily. RM 19/6/08. Eyes look good. RM 1/7/08 fitted with tick collar and had bath
9/2 Had bloody paws 3/2 (written on wht board), issue seems resolved. 27/3/8 Very underweight, to start on a feeding plan tomorrow, hills puppy food, 1 & 1/2 cups, 3 times daily AP 3/4/8 Recorded a loss of 100g, remain on feeding plan and re-assess in 1 week AP 16.4.08 Recored weight loss of 200grams. 21/4/8 Feeding chart has not been brought up to update in 1 month! Needs to increase to 1&1/2 cups Hills pup dry & 1/3 can per meal, 3 times daily AP 7/5/8 Weighed in at 16.4kg, still needs to increase weight, feed Hills Pup dry 1&3/4 cups & 1 can per meal, 3 times daily AP 13/5/08. Teeth OK. RM 15/5/8 Starting to gain weight now, maintain on current feeding program AP 3/6/8 Has gained and is still gaining, continue on feeding plan of 1 & 3/4 dry H/Pup and 1 can hills Pup. AP 5/6/08. Clip hotspots on back, h2o2 on back. 6/6/08. Back looks good, put on tick collar, respray back with peroxide. Unable to give suprelorin s/c (5 attempts). RM 10/6/8 Has lost some weight since last week; continue on 1&3/4 cups dry & 1&1/3 can puppy AP 24/6/8 Remain on current feeding plan AP 2/7/8 Not gained any weight, but not lost any; is currently on 2 cups dry & 1/3 can 3 times daily, will maintain on this and see how we go. If Arnie starts to lose weight, will need to increase AP 1/7/08 fitted with tick collar and had bath 9/7/8 No change in weight; change feeding plan to 2 cups dry & 1 can wet puppy, 3 times daily AP
SPECIMEN: Eye swab GRAM STAIN 2+ Leucocytes No bacteria seen. CULTURE Mixed growth including A few colonies of Coagulase negative Staphylococcus sp.  The growth of mixed organisms may reflect contamination. Careful interpretation is required to assess their significance.Coagulase negative Staphylococcus sp is usually regarded as non-pathogenic in animals. It is potentially significant if isolated in pure culture from a normally sterile site where a strictly aseptic technique has been followed during specimen collection. 9/2 Needs dental. 21/4/08 R ear v dirty & shallow ulcerations of ear canal - flushed with Leo & apply Canaural twice daily to R ear. L ear cleaned - OK. Recheck Thursday 24/4/08 DMc 24/4 both ears ++ black waxy discharge - dilute malaseb flush recheck Monday lf 28/4 Continue canaural both ears for 1 week as responding well. Recheck 1 week (at Noosa). If all good, can probably go onto dilute malaseb weekly (or twice weekly) DMc 21/5 Weight is 20.6kg. Both ears canals clear although red and a little inflamed. No discharge, both canals very hairy. Discuss with foster carer. Recommend - use cotton wool in ears if bathing. May require sedation/GA for ear plucking if problems continue. Also may require topical steroids into ear. Seems atopic - has inflamed eyes and feet chewing/ tail base chewing. RV as required. Given bottle of Malaseb from NDAH. MB
16/108. Urine color normal followed by sticky bloody material, pos inclomplete involution of uterus. RM 9/2 needs vet to check right ear. 8/3/08 purulent otitis left ear , very painful to touch - clean ear, surolan in both ears bid, baytril 50 2 sid 10d, norocarp 50 1 tab sid 5d. To desex Monday for GA and ear clean. Ear swab taken in fridge in consult room lf 10/3 ear clean under GA lf 27/3/8 To start on feeding plan tomorrow, Hills Puppy 1 & 1/4 cups, 3 times daily. 4/4 change feed to 1.25cups 4x daily mixed with wet food as is losing wt vwl left ear is v smelly and has dark brown disch, must be flushed in vet surgery once daily by vet, surolan drops not making a diff, put on baytril drops when we have some vwl 11/4/8 Weight loss recorded, increase to 3 meals per day and 1 & 1/4 cups per meal AP 21/4/08 L ear good - no sign otitis, some black discharge but not painful. Flush both ears with Leo daily. Recheck 24/4/08 DMc 21/4/8 Still losing weight, needs to be increased to 1&1/2 cups Hills Pup Dry & 1/3 can of Hills Pup per meal, 3 times daily AP 24/4 ears still very waxy and dog not happy when looking in ears - dilute malaseb flush recheck monday lf 28/4/08 Dilute malaseb flush. Ears not bad. Recheck 1/5/08 DMc 1/5/08.Ears OK. RM 2/5/8 Still underweight, need to increase feeding to 1&1/2 dry puppy and 1/2 can puppy 3 times daily. 7/5/08 Gone to Ken Mason (AADS) for treatment of ears.
20/1/08 otitis r ear, full of hair & black discharge, fly bites tips of both ears - canaural (bid) & Ilium cream for tips of ears DMc has had 12 pups (1 died) 19/3/08 18.6kg mastitis in 1 R caudal mammary gland - rock-hard & hot, temp>39.7, bit depressed. Inj metacam & noroclav, continue 1 noroclav 250 bid, hot compresses as possible DMc 22/3/08 bar eating milk all glands but no heat cont meds-alc 29/3/08 milk all glands no heat cease medication-alc 2/5/08 subdues in new security has not eaten all her dry food, temp 39.2 some abd discomfort still vaginal discharge ( 7weeks post whelping) here for observation am I eating?-alc 3/5/08. Happy eating, defecating, urinating, active. Seems OK. RM
9/2 ears cleaned. slight tartar on teeth. 7/4/08 Jenny regurgitating after meal no impvt on git rets- nad on blood sample.No significant findings, consider primary gastrointestinal disease.sent to uni for radiographs and usound - advanced uterus in season monitor for pyo. Bladder wall thickened urine sample for cand s malassthezia in ears and kennel cough. Doxycycline and 1.3 mls ranitide-alc 8/4/08 being fed elevated and no vomiting so continue this 9/4 vomited soft puppy food, small amts only sm 10/4 no vomiting 11/4 19kg eating mush, no vomiting or regurgitating ears filthy lf, firm faeces 12/4 firm faeces no vomit vwl 13/4 dog doing well, ears depilled with veet, trial patch 1 hr before both ears treated, hair came out really well, skin of ear did become warm and sl pink, rinsed with malaseb earwash and panalog applied. ears checked ev hr and progressively changed to normal colour, by evening was back to normal, dog now has hair free ear canals which are free of rubbish vwl 18/4 both ears look good with no sign of irritation present initially from depil cream vwl 21/4/8 Being fostered. Fostered on 1.3ml oral Ranitidine twice daily. Food to be soaked and fed to dog elevated off floor. For check up in two wks. Ears are currently clean and free of discharge and smell. rohan. 22/4/08. Foster parent wanted copy of Uni notes, Post referral page only faxed to foster parent. RM 2/5/08. Went to Uni for GIT endoscopy: had lat. chest xray, some gas in oesoph. normal amount. Electrolytes normal PVC/TP OK. Bile and food in stomach, preventing full visualisation of stomach. Oes, appears OK and the part of stomach visualised. Suggest ACTH stim test (done results 8/5/08) barium studies, abdo ultra sound. Rpt. endoscopy (fasted). RM 3/5/08. Ate soft food OK. RM 10/05/08 approx refsotered to Kate Joseph, on special
The RSPCA is incompetent and should
not be allowed to look after animals. A
look through the RSPCA Veterinarian Records proves this.
bt5408 Puppies died in RSPCA Care
puppies can be seen happily playing here before seizure Court Exhibit 2.
a video of these puppies happily playing together -
then they are dead,
murdered by RSPCA Neglect ten days later and then the RSPCA Vetinarian Dr
Anne Chester mentioned these puppies in GR28 her
affidavit of 2/8/08 and lied in court that they died because of
Geraldine Robertson's neglect.
These 6 weeks old puppies were seized by the
RSPCA. RSPCA were told they had not been weaned and died ten (10) days after seizure of starvation due
to the neglect of the RSPCA. Then the RSPCA Veterinarian, Dr. Anne Chester, lied
under oath that they died ten days later from complications of hookworm because
of the neglect of Geraldine Robertson. Geraldine Robertson stated that these
dogs had been treated for all wormer hookworm at 2, 4, and 6 weeks old. Dr. Anne Chester said
that when the dogs arrived at their Fairfield shelter they were all wormed for
hookworm - which meant that the dogs were wormed with all wormer including
hookworm twice in the same day.
Dogs have a short intestine which
means food passes through them much faster than most other animals. Within ten
(10) hours from treatment all gut hookworms would have been killed and removed
in faeces. That the dogs could die from complications related to hookworms ten
(10) days later is just not plausible. Looking at the pathology report this is
simply a lie. The History provided to the pathologist was provided by the RSPCA
vets. To deny responsibility and blame Geraldine Robertson is a pathological
deceit. RSPCA Vets are perjurers.
University pathology final report date requested: 7th February, Court Exhibit 35
Indicates that the
were not properly weaned and were NOT FED properly and in fact were NEGLECTED by
examination in the witness box, Dr Anne Chester said that a sample of fecaes from the "puppies pens" were provided to her for testing, were tested
and found hookworms in that sample. When asked why she did not test each puppy's
faeces individually ,
she replied that it was not necessary! This is incompetence - one must always
clearly identify what is wrong with each puppy.
Anne Chester Para 19 (GR28). In her witness
evidence claimed these three puppies
died due to the neglect of Geraldine Robertson. She said they died of
complications related to hookworms. This could not be true as they had been
treated with all wormer including for hookworm by Geraldine Robertson at two
weeks of age, four weeks of age and on the morning of the 9th January 2008 (date
Anne Chester also said these dogs were treated for hookworm on arrival to
RSPCA at the Fairfield shelter on the 9th January 2008.
- The first problem for bt5406
was on the 16/1/08 (vet report) five days after arrival. 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
Inspector Lawrie Stageman at cross examination agreed he was advised and
also said he had handed this information together with continuing treatments to
the Vets as it was in his audio
- The first problem for bt5407
was on the 16/1/08 (vet report) five days after arrival. The situation is
the same for this puppy as for the one above.
- The first problem for bt5408
was on the 16/1/08 (vet report) five days after arrival. The situation is the
same for this puppy as for the one above.
Affidavit of Anne Chester
Paragraph 19".Four dogs (bt5406
5407; 5408; 5757) pathology & autopsy reports
involved in the original seizure have been euthanised 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
"bt5406 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. Hypergluycaemia, electrolyte
depletion and elevation of BOHB are consistent with diabetes mellitus,
ketoacidosis and osmotic diuresis. However, note there is also marked
parhypoproteinaemia, marked anemia 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 euthanised on the 23/1/08."
21 Bt5407 a female standard
poodle puppy - diagnosed with hookworm on the 10/1/08 after being found with
dairrhoea 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. 8t5408 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."
The University pathology report
clearly shows complications related to starvation. The not yet weaned pups were
not fed properly. It is as simple as that. Yes Dr Chester lied.
12. Lies that the silt from the flooding rains was
faeces and urine were just that - LIES.
- Geraldine Robertson said the ground had been very dry because of the 18 months drought before the rains came and that
was the reason why there was so much debris and silt washed into the kennels by
the water after heavy rains. There had been a one in twenty year rain event an
Buccan. A video shows the flood
debris left by the water and it is possible to see a water mark on the
besser block walls.
- This was
reported by the media. That this could happen is shown
by the land layout. (Phot flood debris in kennels) Geraldine
Robertson stated that the RSPCA swooped when the conditions caused by the rain
and flooding had been at their worst and were unusual. This
shows the kennels in their normal condition. Geraldine Robertson had been remedying the situation.
Two kennels had already been cleaned and all but 6 kennels of dogs had been
moved to the house to make cleaning easier. RSPCA Inspector Lawrence Stageman was told this and it was recorded on
his audio tape.
- Dr Michael Shane Kennedy,
Veterinarian Woolloongabba Veterinary
Hospital Woolloongabba in his evidence, said he could only
see faeces and urine everywhere. He ignored the effects of the rain and the
flood debris in the kennels. A well known strategy for influencing witnesses is
what psychologists call framing. By telling a story about what it is all about a
witness sees what he expects to see. Flood debris is
clearly visible in the photos. The
alternative explanation would be that this Vet was lying for the RSPCA. Since
Veterinarians must be registered by the Department of Primary Industries and
Fisheries they are terrified that they could lose their license and income if
they do not toe the line.
13 Super woman Katie Heaton was able to do in just one hour what would take a normal person at least six hours to do.
Super Woman Katie Heaton
said, according to her GPS in her car, she arrived at 12:35pm para 5 and left at 1:34pm and did ALL the following in 1 hour. This is just simply unbelievable.
She said she parked about 50 metres up the road from the house.
Paragraph 5 Arrived at 12:34pm.
Paragraph 26 Assisted to collect and load 30 dogs from the kennels to the dog trailer compartments (104 dogs were seized and jammed into 24 TWENTY FOUR
Paragraph 27 A number of times approached applicant – dragging dogs by front legs! (Geraldine Robertson has never dragged any dog by front legs or any
leg.) Paragraph 28 – clothing soaked in dog urine and faeces, she had to change her clothes and her
Paragraph 28 – large white worm (Stageman never said anything about this), she said she put this worm into a container in her
car. She said she walked twice to the kennels and back, which is 330 metres from the front of the acreage ( total
1.320 kilometres ) and inspected the kennels with Lawrence Stageman and Shayne Towers-Hammond.
Paragraph 29 Saw council vehicles leave
Paragraph 30 went down the 330 metres drive with car and trailer ( No vehicle went down the 330 metres drive that day as it was under water).
She said she loaded 30 dogs, carefully carrying them from the kennels and speaking to each
dog (largest dog weighs 30+ kilos), loading them into the trailers for transport to RSPCA Fairfield Shelter.
Paragraph 31 spent time instructing Geraldine Robertson to not drag dogs by their front legs.
Paragraph 32 She locked the doors of the trailer and spoke to Geraldine Robertson about "dragging" dogs by front legs (for the second time).
Paragraph 33 puppies soaked in faces and urine – every one ( see dogs in house holding pens which were placed there by Geraldine Robertson when she saw the entourage of vehicles
Paragraph 35 No dogs were overcrowded or vomiting. ( 104 dogs jammed into 24 compartments suitable to
transport ONE dog in each compartment).
Paragraph 38 What document was completed? Left at 1:34pm.
Katie Heaton said she the dogs were not overcrowded or vomiting.
Lawrence Stageman said the RSPCA used 2 x 8 dog trailers, 1 x 4 dog trailer and 4 x 1 dog cages a capacity for 24 dogs used to transport 104 dogs.
This is clearly incorrect. The
RSPCA 8 Dog Trailer
In Paragraph 12 Katie Heaton said the puppies in the house were
saturated with urine and faeces. She was unwilling to admit that the puppies were wet from the rain and that there was no faeces or urine even after the Court Exhibits videos were shown to her! .
The worm story / lie was irrelevant and did nothing to advance the RSPCA case, it was not investigated by Vets and nothing was done to follow this up.
RSPCA Inspector L. Stageman at cross examination was asked about this "large white worm"
a couple of times and he simply ignored the question.
SWORN by the deponent
at BRISBANE this _____ day of November 2008.
Justice of the peace