Submission on Poodle Health - Veterinarian Records See More details at www.petmafia.com.au 

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 - POODLE HEALTH - VETERINARIAN ISSUES

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. RSPCA Veterinarians Records DID NOT identify any of Geraldine Robertson's world famous pedigree poodles. Breach of Sections 150 and 151 of the Animal Care and Protection Act 2001. 

1. All the poodles knew their own names and came when called by their names. Colour and sex which are vital to identification were deliberately left out of the Veterinarian Records by the RSPCA. The Respondent (2), RSPCA, failed to properly identify the dogs at seizure. The receipt says it all.  Exhibit GR1 to this affidavit is a copy of the receipt Number 004456 for seizure.

2 Geraldine Robertson made every effort to identify her dogs. 

1. She sought to identify and micro chip her poodles at RSPCA Fairfield shelter by telephone, emails and letters. On the 9th January 2008 at the time of seizure RSPCA Inspector Lawrence Stageman gave an undertaking “that RSPCA would facilitate transfer of the seized dogs to their lawful owner” to Geraldine Robertson though her lawyer Robertson O’Gorman Lawyers. This undertaking is detailed in a letter  written by Geraldine Robertson's lawyers to Ms B Hall of Clayton Utz on the 30th January 2008.  Exhibit GR2 to this affidavit is a copy of Robertson O’Gorman’s letter to RSPCA's  lawyers Clayton Utz.
   

2. In paragraph 6 of Robertson O’Gorman’s letter to RSPCA's  lawyers Clayton Utz access to the Benji-Pet Kennel dogs was arranged with RSPCA's Inspector Shayne Towers-Hammond for Geraldine Robertson and AQIS accredited vet Dr Calum Robertson to identify and micro chip the Benji-Pet Kennel Puppies. Paragraph 6 “Subsequently there was contact between our firm and Inspector Towers-Hammond of the RSPCA in relation to arranging an access visit by Ms Robertson and her vet Mr Callum Robertson for the purpose of identifying the dogs which required urgent shipping to Singapore, vaccinating and micro chipping those animals, and also identifying and micro chipping the balance of the seized animals which Ms Robertson regards as her valuable puppies and breeding stock. On 17 January 2008 further correspondence was forwarded to Mr Towers-Hammond in that regard (copy enclosed2).” Exhibit GR3 to this Appellant's affidavit is the letter of the 17th January 2008.
   

3. Paragraph 7 states: "7. Subsequently, Inspector Pecic, of the RSPCA became involved. Inspector  Pecic agreed to an access visit but refused to permit our clent's vet to microchip the dogs over which Ms Robertson asserts a claims of ownership. Mr Pecic assures us that the RSPCA employs an unassailable "black tag" identification system in respect of each seized animal which, when cross referenced to the video recording and still photographs of the search and seizure, would ensure each animal was positively identifiable at all times. Mr pecic agreed to allow our client to inspect the wider mass od seized dogs and make her own independant record of the RSPCA's "black tag" identification number in respect of the animals over which she asserts ownership."
   

4. Every appointment made to inspect and identify Geraldine Robertson's dogs was cancelled by the RSPCA. Exhibit GR4 to this affidavit is the last email where the visits for indetification purposes was cancelled by the RSPCA.  

3. What the RSPCA Veterinarians have said

1. The Veterinarian Records are the only true record of treatments received by Geraldine Robertson's Dogs in RSPCA's Custody as told at cross examination of RSPCA Veterinarians Dr Anne Chester, Dr Victoria Lomax.
   
2. All professional people keep records and use these records to refresh their memories when the need arises. Accountants will look at their records to prepare themselves for a client consultation. Likewise Doctors will look at their records to update themselves on the treatments their patients have received. Veterinarians are no different. 
   
3. The keeping of records and ensuring their accuracy is for a purpose. The place to find accuracy and details about a patient is from those records. 
   
4. The incubation period of contagious diseases is from direct contact to ten (10) days. The RSPCA kennels are full of highly contagious diseases due to the continuous flow of stray animals and neglected diseased animals.
   
5. The Veterinarian Records and the Veterinarian statements in their affidavits bear no resemblance. The question then must be asked "Where did the information in their affidavits come from?". In the witness box the answer has been "only from my memory". The RSPCA Veterinarians have no credibility. They have stated things about Geraldine Robertson's dogs that Geraldine knows to be lies and is definitely not supported by the RSPCA Veterinary Records. Dr. Penelope Kirk's evidence, Geraldine Robertson's vet for a brief period 13 years ago, is totally unsupported by her records. Exhibit GR5 to this Affidavit is Dr Penelope Kirk's Affidavit. Exhibit GR6 to this Affidavit are her Vet Cards.
   
6. Dr Victoria Lomax and Dr Anne Chester both said that all problems and treatments of dogs were promptly entered into the computer. Both Veterinarians agreed that the Veterinarian Record has been produced from these computer records and so must contain all the treatments Geraldine Robertson's dogs received.
   
7. RSPCA veterinarian records Court Exhibit 33 shows that Geraldine Robertson's dogs on arrival 9th January 2008 at RSPCA Fairfield Shelter kennels were all healthy. The Veterinary Records shows that few entries were made shortly after arrival were caused by the RSPCA transportation of the dogs to the RSPCA Fairfield Shelter and by the RSPCA Vets and the Poodle Club of Queensland groomers with name tags as shown on TV Channel 7. Analysis of the Veterinary Records show treatment for clipper burns - pain killers. What has made the RSPCA Veterinarian's evidence even less credible is that all the RSPCA veterinarians have stated in the witness box that all their computer records were almost perfectly accurate.
   
8. The Veterinarian Record shows that within a month after the dogs had arrived into the RSPCA care there were numerous problems. These problems could not have been caused by Geraldine Robertson care. The problems were so serious the dogs required extensive veterinary attention. This shows that the RSPCA neglected the care of Geraldine Robertson's dogs and caused the dogs to suffer ill health and some died as a result of further RSPCA neglect. RSPCA Veterinarians ONLY responded to problems when they became serious and the dogs had been suffering for a while. This is a clear indication of the RSPCA poor kennel management policy and it is so bad they should not be allowed to look after any animals.
   
9. Geraldine Robertson said that the initial health issues were caused by the RSPCA's seizure, treatment and transportation to the RSPCA Fairfield Shelter. 104 dogs were packed in to a space designed for 24 dogs. The inappropriate treatments ordered by the Veterinarians on arrival at RSPCA shelter, Fairfield caused further problems. Surgical clipping caused painful clipper burns and killed a dog with pneumonia.

4. The Veterinarian Record Analysis

1. Geraldine Robertson has said that the dogs in the (Bundle of photographs of dogs with Black Tag Numbers: Court exhibit 31) are not a true representation of the 109 dogs seized. There were about 50 adult dogs missing from their records. Many of the dogs in the this record have been replaced with puppies born since seizure. The dogs seized was recorded by Geraldine Robertson and they have been priced in this spreadsheet. 
   
2. The only list of dogs, seized by RSPCA, supplied to Geraldine Robertson on 30 May 2008 have been replaced with puppies born since seizure from their description and photos supplied to the magistrate court. The RSPCA took 109 dogs and there was expected from pregnant bitches another 125 puppies in the following weeks. Sixty of these expected pups had been sold to Hong Kong. Geraldine Robertson had many other orders and advertisements on the internet to sell the rest.  Geraldine Robertson only bred what she knew she could sell. The Neiger Poodles has a world wide following. Google for Neiger Poodles
   
3. The first list of dogs was provided on 30 May 2008 by RSPCA to Geraldine Robertson. The photo list and the Vet Record lists have been produced by RSPCA to the Magistrates Court. None of the "complete lists" bear any resemblance to the actual dogs seized by RSPCA. 
   
4. All the puppies that would have been born (about 250) have all gone missing. Twenty years of breeding, selecting for sweet temperament, bone structure, behaviours, health and colour  with genetic testing to eliminate genetic faults and diseases has all been lost.

5. Surgical clipping by RSPCA killed Jason (Simba) with Pneumonia.

1. A dog called Jason (Simba) a healthy 12 years old pedigreed apricot standard poodle was killed 10 March 2008 by the ignorance of the RSPCA vets when they used surgical clippers and removed all his wool causing him to die from pneumonia. Simba was a happy healthy dog and can be seen, over coated, in this video bouncing around against a fence at the time of seizure Court Exhibit 2. The RSPCA recorded this surgical clipping of Simba in a video Court Exhibit 2. They washed him, clipped him wet and bathed him again in cold water then kept him in their kennel in a sealed metal container with an air fan ventilator.  Exhibit GR7 to this affidavit is the University of Queensland autopsy Record
   
2. RSPCA blamed Simba's death on Geraldine Robertson! Clayton Utz wrote indicating item 4 that animals had to be put down because of medical conditions. The RSPCA say they were acting in Simba's best interests. Can the RSPCA be trusted? See the felting Issue in more detail. Exhibit GR8 to this affidavit is Clayton Utz wrote indicating dogs were put down.

6. What the Veterinarians have SAID and HOW their evidence is a fabrication of LIES

SWORN by the deponent

at BRISBANE this _____  day of November 2008.

                                                 before me
                                                                                    Justice of the peace