Katie Heaton Said Wet Concrete was a Sludge of Urine and Feaces.
Magistrate Strofield said he would consider this (example of RSPCA witnesses) evidence. Other evidence issues.
In the Affidavit of Gwen Kate Heaton sworn 25 August 2008 Katie Heaton swore paragraph 9. "I sighted to the left of me a concrete area
that was completely covered in a sludge of faeces. I sighted a number of poodle dogs that were wet and saturated in faeces. I saw that their hair was matter and they appeared to be depressed and lethargic. I
sighted a covered shed area, the flood of which was also covered in wet faeces, contained a number of personal items of furniture and a few hessian dog beds that were wet and broken. I sighted that all dogs in
this area at least had legs and feet that were soaked with faeces. I took a photo of this area at this time. During this time Senior Inspector Towers-Hammond spoke to the Applicant,"
In Katie Heaton sworn evidence to the Court with the above photograph as evidence of paragraph 9 submitted by her, the puppy was clearly identified in the Photograph as standing on the fence,
sort of:
In cross examination Katie Heaton went further: Transcripts day 9 page 20.
Okay; 9, "I sighted" - paragraph 9 now. "I sighted to the left of me a concrete area that was completely covered in a sludge of faeces"?-- Mmm-hmm.
What - what's - what do you mean by "a sludge of faeces"? Now, you've provided some photos; where are the sludge of faeces in relation to the photographs you've taken? How would-----?-- You can
actually see it.
Number? Photograph number?-- Number 3.
Number 3. Oh, yes, the one with the puppy standing on the fence, sort of?-- Mmm-hmm.
Two puppies. Where was the sludge of faeces?-- If you actually look at this entire area here...this is all made up of - of faeces that has just turned into like a sludge-like material, and you can also see it
in this shed area here...
So it's all this area here...and the shed area?-- That's right.
Andrew, please, could we have a video? Oh, I think we might leave it till later. Sorry. Thank you. So and then - where's the next one? "Their hair was matted and they appeared to be depressed and
lethargic, a number of poodle dogs that were wet and saturated in faeces." Now, in the photos there's - that you took there's three puppies that is visual, and your statement, paragraph 9-----?-- There's
actually more than three.
Well - all right. Which - well, we can see three quite clearly?-- Four.
Yeah. Okay, four. Now, where - where - where - where would I see the - you point out the sludge of faeces. Now, "the dogs were wet and saturated in faeces"?-- Mmm-hmm.
Now, can you point out some faeces that the dogs were saturated in-----?-- If-----
-----on the dogs and the puppies in the photo?-- You only have to look at each of those dogs' legs.
Saturated? Now, what does saturated imply to you?-- Soaked.
Right; okay. They're soaked in faeces. Now, can you identify from - see the two or the three that we can see - forget about the fourth one. Assuming the fourth one is saturated, in your terms, now which one is
the - which one do you see that's - or all three are saturated - but where is the saturation of faeces?-- On their legs, feet and tail, and from my best recall of the day it was also underneath them as well.
Your statement says, "The dogs were wet and saturated in faeces" - "soaked in faeces"?-- Saturated and soaked, in my way that I think is exactly the same.
Mmm; okay. Now, "I sighted a cupboard shed area of the floor which was also covered in wet faces, containing a number of personal items of furniture and a few hessian dog beds that were wet and
broken." Okay?-- That's correct.
Now, where would that be in the photos?-- If you actually look at the back of the photo where the fourth dog was-----
Mmm-hmm?-- -----there two hessian beds here, and they were completely broken and - and-----
Broken, as in?-- The hessian had-----
Torn?-- -----torn and they - there was no support whatsoever. It was just a frame with a break in the hessian on the sides.
Mmm; okay?-- So there was nowhere dry for them to get up and out of that.
BENCH: Well, you-----
APPELLANT: Was it raining that morning?
BENCH: Sorry; were you pointing to the dog in the back of that photograph?-- The dog at the back here, your Honour. It's got his-----
Is that a - the-----?-- -----head hung low. There's a - there's a-----
Frame there?-- A metal frame there-----
Is that-----?-- -----and that had a broken hessian bag.
Righto?-- And there's also behind that puppy there's another bed here that was in the same condition.
All right.
After all her evidence was given the following happened: Transcripts day 9 page 67. (There were many more disputes over her
evidence.)
APPELLANT: Your Honour, I put it to you that she is lying, this is impossible for her to arrive and within an hour do all the things that she said she did and she has perjured herself?-- In - in-----
And-----
BENCH: No, Mrs Robinson [sic]. I'll assess her credibility, I will take into account the things that she said she's done in the period of time, but I am certainly not making any adverse comments about her
committing perjury.
APPELLANT: Is that an - an order that, I'm asking that your Honour would consider as - her as - as committed-----
BENCH: Having perjured herself?
APPELLANT: That she has committed perjury-----
BENCH: No.
APPELLANT: -----
because it is just not possible, your Honour. The property is 110 metres across and 330 down, fully developed parkland setting, or it used to be. Right? The drive itself is 200-----
BENCH: Are you making an application that I charge this - this witness with perjury?
APPELLANT: Yes, your Honour.
BENCH: No.
APPELLANT: Why not?
BENCH: Don't ask me questions, Mrs Robinson [sic].
APPELLANT:
It is just physically not possible to do all the things that she's allegedly said she did.
BENCH: As I've told you from day 1-----
APPELLANT: That she's sworn she did.
BENCH: -----I - I will assess each witness's evidence and I will take into consideration-----
APPELLANT: Yes, your Honour.
BENCH: -----in arriving at my determination that I am - am not convinced-----
APPELLANT: It is your Court, your Honour.
BENCH: I am not convinced-----
APPELLANT: Yes.
BENCH: -----in the slightest about this witness being in any sort of jeopardy at all.
APPELLANT:
In view of the time that she spent on the property, one hour-----
BENCH: You can make - you can - you can keep that until we get to the point of submissions. You can make a submission about her reliability as a witness when we're in submissions.
APPELLANT: Right, okay. I'm finished with the witness, your Honour.
See the video of this yard taken by Lawrence Stageman Shayne - Entry video
See the video of this yard taken by Shayne Towers-Hammond - exit video
