Lawyer Hits Amateur "rspca"

[Steve]

http://www.themercury.com.au/article/2010/...sofjustice.html

HELEN KEMPTON

March 12, 2010 01:08pm

A MELBOURNE lawyer launched a scathing attack on the professionalism of Tasmania's animal welfare sector in court today.

Tom Moloney, who is representing former Redpa farmer Roderic Neil Mitchell in his defence of more than 200 animal cruelty charges, also had a serve for Tasmania Police prosecutors in the Burnie Magistrates Court today.

Mr Moloney said the size of Tasmania's animal welfare community was an incubator for bias which could, and had, skewed legal cases.

Mr Moloney called the evidence tabled by the RSPCA, the Department of Primary Industries and "expert" witnesses amateurish and of an unbelievably low standard.

Mr Moloney, who has applied for Magistrate Rod Chandler to re-hear the 14 charges of which Mitchell was convicted in January, said both of the veterinary practitioners who gave evidence in court were paid employees of the department and the quality of reports tabled was very, very poor.

"The court can have no confidence theses "experts" come from a position of independence. There is a natural inclination to not bite the hand that feeds you," Mr Moloney said.

"If a vet is to make an assessment which goes to whether or not someone is convicted of a criminal offence it needs to of a high standard."

Mr Moloney said most of the evidence given in an exparte court hearing which resulted in Mitchell being arrested, extradited to Tasmania and remanded in custody was inadmissable.

"The prosecution has not even proved my client was responsible for the cows in question. This is reflective of a tardy attitude and shabby prosecution.

"There has been injustice piled upon injustice.

"The deliberations of this court may see my client go to prison but you cannot rely on a paper chain which has effectively been left out in the rain where viles of blood tabled of evidence have been left in hot cars or in a fridge next to blue vein cheese and chardonnay."

The hearing continues in Burnie this afternoon.