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Sad End to Poodle Prosecution
The Magistrates Court in Brisbane has concluded an enquiry into
the capacity of Geraldine Robertson to stand trial on 145 charges
under the Animal Care and Protection Act (2001). The Court found
that she was not fit to stand trial and has directed a permanent
stay of the proceedings on the grounds of her mental capacity.
The finding of “lack of capacity” prevents the RSPCA from taking
the prosecution further.
It was back in 2008 that the RSPCA seized 105 animals, mainly toy
and standard poodles, from her property in Waterford. Following 3
years of court action, Geraldine Robertson was unsuccessful in
recovering the animals and they were declared forfeited.
Magistrate Strofield found the evidence before the court in the
forfeiture proceedings readily led to the reasonable belief of
the RSPCA Inspectors that it was necessary to seize the dogs to
prevent them from being used in or becoming the subject of an
animal welfare offence.
RSPCA’s Chief Executive Officer Mark Townend said that the
ongoing legal proceedings had been a very trying matter for
everyone involved.
“It’s a sad ending for everyone concerned - the complainant, the
respondent and all those who were involved in caring for the 105
animals over such an extended period of time. The RSPCA is very
grateful to the Court that allocated time to deal with this
matter expeditiously and for all of the supporters who have cared
for the seized animals and provided them with caring, permanent
homes. RSPCA is particularly grateful for the assistance of our
legal representatives throughout the series of
proceedings.”
“The termination of the prosecution means that there is no
finding of guilt or innocence and consequently no penalty. There
has been no prohibition order issued regarding the possession of
animals.”
The Court was told that the property has recently been granted a
kennel licence by Logan City Council.
Permanent Link: Sad End to Poodle Prosecution
Publish Date: 03 Apr 12
Cnr Eumundi and Hollett Roads, Noosaville
Phone: 07 5449 1371
Website: www.rspcaqld.org.au
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