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Lawyer Demands Return Of Seized Koalas


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http://www.abc.net.au/news/stories/2010/02...tm?site=idx-nsw

Posted February 19, 2010 08:19:00

Law firm Slater & Gordon has weighed in to represent the owner of the Waterways Wildlife Park in Gunnedah, in north-west New South Wales, after the RSPCA seized eight koalas from the premises two weeks ago.

The RSPCA removed the koalas on February 3, under the Prevention of Cruelty to Animals Act.

Solicitor Peter Long says if his client is charged over the alleged maltreatment of the koalas, his firm will seek detailed information about the RSPCA's communications with third parties before the animals' seizure.

He says, if charges are laid, it will be necessary to secure additional evidence from the RSPCA, especially in relation to a film crew who accompanied inspectors.

Mr Long says he is yet to be advised of the specific allegations against his client.

He says he wants the koalas returned to his client immediately, as well as a public apology from the RSPCA.

The RSPCA alleges the animals were malnourished and dehydrated, a claim disputed by the owner.

Mr Long says he believes the animal welfare organisation will struggle to make its case, if it decides to lay charges against his client.

A petition containing nearly 2,000 signatures in support of the Waterways Wildlife Park will be presented to Parliament when it resumes next week.

The independent MP for Tamworth, Peter Draper, says he will also make a speech, detailing the community's concerns to the Legislative Assembly.

Mr Draper says the petition highlights what the community perceives to be an alleged injustice on the part of the RSPCA in removing the park's koala population.

The ABC contacted the Minister for Agriculture, Steve Whan, the Department of Industry and Investment and RSPCA New South Wales for their comments, but all were unavailable

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Gunnedah residents, and I know a few, are up in arms about the koalas being taken away. RSPCA is not popular at the moment at all there.

the local vets used to send the sick koalas to the wildlife park because they knew how to treat them! Surely they would know what they were doing!

Another problem is, as I understand, that Gunnedah koalas don't have clamydia (sp?) but where they are at Port Macquarie they do. I hope the Gunnedah koalas don't catch it then come home to spread it. They are supposed to be in quarantine!

and the transporting of the koalas, apparently done in laundry baskets? What the............................. poor little koalas

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Methinks more and more members of the public have noticed that the RSPCA's halo is slipping.

It appears to be tightening too. Slater and Gordon will probably drag it to a painful part of the anatomy and add some knots.

S&G are a medical litigation firm. If they can get up to speed on alleged animal abuse cases the RSPCA could end up being bankrupted

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RSPCA gives wildlife park koala deadline

http://www.abc.net.au/news/stories/2010/02...mp;section=newsPosted February 23, 2010 11:26:00

The owners of the Waterways Wildlife Park in Gunnedah, in north-west New South Wales, have been given until Friday to show they have not breached the Prevention of Cruelty to Animals Act.

Yesterday, the park's owner was served with a section 24N notice by the RSPCA, under the Prevention of Cruelty to Animals Act,

over the care of eight koalas removed from the park in early February. The notice is issued if an inspector claims he or she has reasonable grounds to think the Act, or its regulations, were breached in relation to the care of animals.

The lawyer for the park's owners, Peter Long, says he still cannot work out what the RSPCA is doing.

He says he is concerned about how the notice was issued and why.

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The owners of the Waterways Wildlife Park in Gunnedah, in north-west New South Wales, have been given until Friday to show they have not breached the Prevention of Cruelty to Animals Act.

How's about the RSPCA show why they think they have just cause to seize the animals. How about they prove that the park breached POCTA.

The RSPCA has a very poor record, when it comes to the care of seized animals. I hope for the Koala's sake, that they have not been exposed to any disease.

I bet the lawyer can't work out what's going on, he's a trained professional and the RSPCA play by their own set of rules or make it up as they go along.

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Methinks more and more members of the public have noticed that the RSPCA's halo is slipping.

It appears to be tightening too. Slater and Gordon will probably drag it to a painful part of the anatomy and add some knots.

S&G are a medical litigation firm. If they can get up to speed on alleged animal abuse cases the RSPCA could end up being bankrupted

S&G do a wider range of work than that.. show them a deep pocketed target for litigation and they'll be there with bells on. ;)

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S&G have done a fair bit of union work - I think they were involved in Bernies case (Asbestos). I guarantee you - they wouldn't take it on if it didn;t have legs, and they certainly would be looking at setting a precedent.

RSPCA should be concerned this time around. S&G do have teeth.

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Why isn't the burden off proof with the prosecution, as with every other case in Australia. Thank goodness they have great legal representation that can show the real story behind these PR seizures.

In many areas to do with animals especially pets and BSL the burden of proof is reversed, you have to show you are not guilty. Animal owners have stood by while this has gone on either ignorant of the ramifications or thinking it won't apply to them, until it does. I doubt this will even get to court as many lawyers are on RSPCA boards and will know what could be in store for them.

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http://www.abc.net.au/news/stories/2010/02...mp;section=news

The New South Wales Government has announced a one-off payment to Gunnedah's Waterways Wildlife Park, where eight koalas were removed by the RSPCA earlier this month.

The money, up to $5,000, is to be used to develop a business plan for the park's future.

Details of the recovery plan, to be coordinated by Gunnedah Shire Council, Industry and Investment New South Wales and the RSPCA, are yet to be finalised.

Primary Industries Minister Steve Whan says it is a goodwill gesture to help the park meet its licensing standards.

The Minister's announcement follows a call by Tamworth independent MP Peter Draper, for a full investigation into the RSPCA's seizure of eight koalas from the park earlier this month.

Mr Whan says the money will give the park future direction.

The Mayor of Gunnedah Shire Council, Adam Marshall, says he is not too sure how the State Government sees the plan working, but he is holding meetings to come up with ideas.

The CEO of the Australian Koala Foundation, Deborah Tabart, says she is completely underwhelmed by the Minister's offer.

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The money, up to $5,000, is to be used to develop a business plan for the park's future.

So even the State Government thinks the park has a future.

That 5k might be a drop in the ocean compared to what S & G are going to rip out of the RSPCA.

The big winners in this one are going to be the RSPCA lawyers.

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The money, up to $5,000, is to be used to develop a business plan for the park's future.

So even the State Government thinks the park has a future.

That 5k might be a drop in the ocean compared to what S & G are going to rip out of the RSPCA.

The big winners in this one are going to be the RSPCA lawyers.

Who sit on the board! Hey I wonder who determines what cases have legs and which don't.....?

There a rumble in the wind, let's hope this case is the one that gets big attention and starts that ball rolling for change. I would be very happy to see the RSPCA have it's power for prosecution removed from it..... that would be a good start :)

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