Submission on the Evidence 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 - 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 $5million? 

1. 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 Geraldine Robertson and her world famous quality pedigree Neiger Poodles. 
   
2. 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.  
   
3. 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 the Spread Sheet value calculation. 
   
4. 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. 
   
5. Mrs Robertson said that just before the 9th January 2008 when the RSPCA raided her property and seized all her dogs. There had been very heavy 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. 
   
6.   See 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. 
   
7. 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.
   
8. Shayne Towers Hammond Tape Transcript and listen to Shayne Towers-Hammond tape.
   
9. 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.
10. Exhibit GR5 to this Affidavit is the Channel 10 news broadcast.

2. Geraldine Robertson was performing her duty of care for her world famous Neiger poodles.

1. 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.  
   
2. 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. 
   
3. 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.
   
4. 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) 
   
5. The dogs being treated for ear problems were Millie, Simba/Cinnibar and Boyo.  
   
6. Ella needed a special diet due to extensive specialist vet surgery to repair her esophagus.  
   
7. The dogs being treated for conjunctivitis eye problems were Scarlett, Millie, Boyo and Simba/Cinnibar. 
   
8. Gemma had four black standard poodle puppies which were six weeks old,  
   Inky had three black toy poodle puppies also six weeks old.  
   NOTE:- None of these puppies were weaned as their mothers had refused to allow weaning. Both mummies were fed fresh mince steak with added calcium primarily. 
   
9. 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. 
   
10. Geraldine Robertson's dog called Simba (Court 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.  
    
11. RSPCA named Sandy (Geraldine Robertson's Millie)  bt5372  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.
    
12. Geraldine Robertson had a routine of checking all the dogs individually every morning and every evening. This included cleaning the kennels, scrubbing their food and water bowls and water containers, feeding, watering and checking their eyes, ears and orifices.  
    
13. 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 disinfectant. Only six of the twenty kennels in the rear block of kennels had dogs still left in them. 
     
14. 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

1. 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.  
   
2. 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
   
3. 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. Letter 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. 
   
4. 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.
   
5. 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 forfeiture.
   
6. 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 Towers-Hammond. 
   
7. 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.
   

8. 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.
   

9. Initial Information and Warrant Application. (Can you believe "wet urine soaked coats" below?)
   

10. "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).
    

11. 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 problems."
    

12. 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.

1. 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. 
   
2. 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.
   
3. 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.
   
4. 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?)

1. 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. 
   
2. 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. 
   
3. 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.
   
4. 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 decision. GR12 is the Photo referred to by Katie Heaton in her affidavit where wet concrete is a sludge of faces and urine.
   
   
5. Shayne 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, Buccan."  GR13 is the Affidavit of Shayne Towers-Hammond.
   
6. 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. 
   
7. 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.
   
8. 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.
   
9. His Honour has said that there has not been any perjury by any witnesses and that he will consider their evidence.
   
   
10. 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.  
    
11. 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.
    

12. In "FMF-5" 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 GR12  Screen 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.
    
    

13. Katie Heaton 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.  
    
14. 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.
    

6.  Benji-Pet Kennel's puppies were not covered in faeces and urine. They were wet after playing in the rain and were put into holding pens when Geraldine Robertson saw the RSPCA arrive.

1. 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 their letter 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
   
2. 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.
   
3. This shipment consisted of the following dogs as at the 9th January 2008:-
   To Mr Julius Goh of Benii Kennels, Singapore
   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 vaccinated)
   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)
   
4. Geraldine Robertson, through her lawyers Robertson O'Gorman, 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.
   
5. 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 Attachments (letter 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 the letter 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. 
   
6. Dr Lomax in 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 Dr Lomax.
   
7. 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. 
   
8. 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 pedigreed dogs".
   
9. 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. 
   
10. 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.
    

11. 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"
    

12. 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 2008.
    
13.  
    
14. 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 lie. 

7.  104 Poodles were packed / compressed into 24 compartments for transport to RSPCA at Fairfield.

1. 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 July 2008.
   
2. 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.
   
3. Shayne Towers-Hammond, the liar, said in cross examination the dogs were not over crowded. 
   
4. Katie Heaton - the liar in her affidavit said that no dogs were over crowded. She also confirmed every paragraph in her affidavit from the witness box.
   
5. That RSPCA Officers had vomit on their shirts was photographed and provided in their evidence. Exhibit GR25 to this affidavit is this Photo.
   
6. Can you believe them? RSPCA Inspectors lie to steal Geraldine Robertson's beloved poodles.
   
7. 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 poodles"

1. 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 clipping them.
   
2. 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. 
   
3. Felting 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.
   
4. Respondent (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"
   
5. 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).
   
6. 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.
   
7. 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

1. 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.
   
2. The 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.
   
3. 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. 
   
4. 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 affidavits.
   
5. 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 birth. He was Geraldine Robertson's FUTURE as a stud dog.
   
   
6. 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.
   
7. 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.
   
8. 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 temgesic." 
   
9.  Ned's 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?
   
10. 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.
    
11. Dr. Anne Chester said a similar thing in paragraph 12 of her affidavit. Exhibit GR28 to this affidavit is the Affidavit of Anne Chester
    
12. Dr Lomax made a point about Ned having Maggots in her affidavit. (GR23) The Affidavit of Dr Lomax.
    
13. Believe it or not, ALL RSPCA Vets appeared to not only lie, but lie badly.
    
    
14. All photos and videos of Ned were taken at RSPCA premises.
    
15. 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.   
    
16. 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.
    
17. View the video of NED with his maggots in the impossible areas.
    
18. See some photos of Ned with his maggots. Court Exhibits 19 Nos. 1-9        The maggot photos supplied by RSPCA.
    
19. How could a male dog defecate such as to get dags, faeces and urine above his tail?
    
    

10.  A dog called Sandy had an ear infection. (Geraldine Robertson's dog Millie If it could be identified as Millie - ) bt5372  

1. Dr 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. 
   
2. 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, Treatment 2)
   
3. 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.
   
4. 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 [1] 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. [1] 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 diet."
   
5. Conclusion: The RSPCA is incompetent and should not be allowed to look after animals. A look through the RSPCA Veterinarian Records proves this.

11. bt5406, bt5407, bt5408 Puppies died in RSPCA Care 

1. These puppies can be seen happily playing here before seizure Court Exhibit 2. 
   

2. See 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.
   

3. 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. 
   

4. 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.
   

5. The University pathology final report date requested: 7th February, Court Exhibit 35 Indicates that the puppies were not properly weaned and were NOT FED properly and in fact were NEGLECTED by the RSPCA. 
   

6. At cross 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.
   

7. Dr 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 of seizure)
   

8.  Dr Anne Chester also said these dogs were treated for hookworm on arrival to RSPCA at the Fairfield shelter on the 9th January 2008.
   
9. 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 recording.
   
10. 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.
    
11. 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.
    

12. The Affidavit of Anne Chester (GR28) 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 the seizure."
    

13.  Paragraph 20 "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."
    

14. 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.
    

15. 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."
    

16. 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.

1. 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. 
   
2. 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.
   
3. 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.

SWORN by the deponent

at BRISBANE this _____  day of November 2008.

                                                 before me
                                                                                    Justice of the peace