Executive Summary:
Thank you all – we are at over 21,000 supporters!
This is a long update so here is a summary and then some answers to FAQ, s
Tomorrow 11 September 2020 marks 3 years since Bandit was unlawfully seized by the Scenic Rim Regional Council and QLD Police from Canungra, QLD.
We expected we would have him home in 3 days.
The Scenic Rim Regional Council Mayor Greg Christensen should be sacked.
The last infrequent Vet report from the Council states he is healthy but we know we will have a long road when he gets out.
My main message is that if you or I did what the Scenic Rim Regional Council continue to do to a loved pet we would be charged by the RSPCA and they would be seeking media attention.
Bandit is still in the cell and we are now appealing the QCAT Appeal Tribunal decision of 13 December 2019 in the QLD Supreme Court of Appeal.
If that fails we go to the High Court.
The key error of law is that the Council did not comply with the relevant Act in how they gathered “expert” evidence (after they were out of time).This has been ignored for 3 years even though it is the most fundamental natural justice requirement. This was compounded by the fact QCAT went to Hearing with 16 Council witnesses even though my Barrister had only just been engaged and I advised QCAT.
The assessment carried out by a person called Cam Day was done 6 weeks after Bandit was seized and kept in horrific conditions. The assessment included him getting dressed up and poking Bandit with a baby doll!!!! This was all filmed by Mark Duncan so it wasn’t even independent.
The other error is the failure of QCAT to recognise their own recent case law in relation to the impact on the owner’s mental health. We have provided detailed medical reports that have never been mentioned in the last 3 years.
The first step is to gain approval for the Appeal delay as it has been difficult to navigate the QLD Court of Appeal, the impact pandemic delays and also my former employer’s threats of breaching my contract with litigation.
To date the Scenic Rim Regional Council has utilised over $200,000 of rate payers funds on fighting our litigation which originally commenced in the QLD District Court.
Finally we need the support of all of the State Cattle Dog Associations to ensure that no other Australian Cattle Dog can be treated this way.
Once we have bub home it will be time for legislative change which we propose will be “Bandits Law”.
The Council continue to threaten to destroy Bandit and at this stage it is “stayed” due to our Supreme Court action and also the request we have made to QCAT to “stay” it while the matter is heard.
Bandit has now been held for 3 years in a filthy Scenic Rim Regional Council Dog Pound in Beaudesert, QLD at Hereford St with:
No sunlight
No exercise
No sanitation
No visitation
No bed/blankets
Limited vet care (1 vaccination)
No toys
FAQ’s:
I thought I would give a recap and also provide answers to many frequently asked questions.
My former employer NEC Australia directed me to limit my social media posts and litigation (yes I know but they were a strange organisation) so here is a catch-up.
Who is Bandit?
Bandit is a registered, papered pure bred Red Cattle dog from a reputable breeder in QLD.He had a beautiful 18 months as a puppy in Tamborine Village QLD swimming, digging, chasing his brother and being absolutely pampered by his owner (our Daughter) who was 15 at the time. He was spoilt rotten with a bed inside the house and lots of treats.
Lots of exercise on our 10 acres.
His other trait was mud digging and also howling like a dingo when I played my drum kit!
He is typical cattle dog. He needs activity and exercise and loving. He is also highly protective as everyone knows the breed is and needs to be able to have privacy (something the Council have refused him to have e.g.: a kennel)
One of his favourite tactics when he was going to be washed or had taken someone’s shoes was to hide under the horse float.
He was just days off being desexed so he was stolen by the Council who have never realised the impact of that not happening.
What happened that resulted in the Council seizing him?
At the time he was seized he was not a declared dog and had no valid notifications of any declaration pending etc. Declarations in QLD by Councils can’t be pending as there is a time limit.
We had major issues with around 10 people (and Harley Davidsons x 6) who moved in when their elderly parents went on a grey nomad trip.
They converted the house in Larch Road Tamborine into a “bikie clubhouse” and were members of a “family orientated” gang. Drugs being taken on the street, shotgun housings scattered at our gate. It was not good and their blue cattle dog was regularly at our gate.
We were being harassed by the Council Rangers e.g.: John Morrison and others over “alleged” sightings of Bandit on the road. Bandit was not able to exit our property and it was human intervention.
There was an incident in February 2017 where our locked gate was opened one afternoon and two joggers appeared with the bikies e.g. Mark Capone and Stephen McCarthy. It was staged and Capone has admitted in QCAT “on the record” that he was chasing Bandit with a weapon (a home made shiv).So Bandit had 4 people chasing him and then allegedly the female jogger was scratched.
After that occurred the Council decided to issue us with a “menacing” dog declaration. We responded but the Council took no further action and never made any declaration. We were never interviewed by the Council.
The Council then advised months later Bandit had “nipped” someone near our front gate at 0730 am .I advised the Council that I was home and it was impossible for Bandit to get out.
The person threw a star peg at Bandit and then claimed to the Council he was “nipped” with a graze. The person from Beaudesert had no reason to be at our gate and I never heard or saw anyone at that time of the “alleged” nip.
No action was taken by the Council and we were never interviewed.
During this period we reported ongoing malicious damage to the Police to our dividing fence by the neighbours (smashing it with a metal pole) every time Bandit barked.
QLD Police Sgt Craig Roberts from Canungra attended and agreed it was man made damage but was unable to get an admission. The neighbours claimed it was a cow.
Then finally many months later on 11 September 2017 at around 11am Bandit and his Brother were barking as a car was leaving next door. Then someone started smashing the colorbond fence with the metal pole.
I then saw their blue cattle dog’s head as the person had finally wrecked the fence. Before I could get to the fence Bandit and the female blue cattle dog were fighting and fell into the neighbours.
On going to their gate to retrieve him they wouldn’t open it and Stephen McCarthy had a “weapon” trying to kill Bandit who was cowering with his tail between his legs. Bandit was being bailed up by the neighbour’s dog. It was the same “shiv” used prior and he finally put it down. The person who claimed to have been bitten was holding his knee.
I picked Bandit up and took him home. He had some bite injuries and possibly a head laceration from the weapon.
On returning home the neighbor Bruce Cooper commenced smashing the fence again.
I called to book Bandit in for a check-up at the vet on return.
The seizure:
4 Scenic Rim Regional Council Rangers with “poles” arrived at around 12 I think along with 2 Qld Police Officers.
They jumped over the gate.
I explained the neighbors dog had entered.
They then claimed the neighbor had been “jumped” on by Bandit.
The Police became very agitated when I requested they look at the fence and threatened to arrest me.
Bandit was then seized with no advice on any process, location etc.
It was one of the worst days of our lives and I had to tell my Daughter when she got off the School Bus. It continues to impact her.
It’s obviously your fault!
I’ve had a fair bit of this on Facebook. It also came from a Ranger at Logan Council on Facebook. We have had cattle dogs and horses for over 30 years.
Like any pet whether it’s a dog or a horse you don’t presume a visitor or stranger can just jump on the horse or pat the dog.
Our cattle dogs have always been contained with visitors. The issue is when a neighbor is trying to kill the pet and releasing/staging incidents.
Cattle dogs seem to have an acceptance of probably 6 people who they regularly see and then suspicious of any others.
Bandit is extremely sociable and passed his puppy pre-school with flying colours.
So did the Council break the QLD laws?
Yes
Mark Duncan, Ranger Team Leader and Kylie Addy Ranger made a decision based on no evidence that he was “dangerous”.
A declaration was provided as per the QLD Animal Act that we responded to in the time-frame as per the Act.
The Council then (even though it is not legally possible) ignored that detailed response and hired a person called Cam Day who “assessed” Bandit around 6 weeks after seizure.
This was after he had been poled, transported to Dakabin, had no exercise, no sanitation, lived in a super pound, teased, provoked and subjected to welding in his cell.
What did we do to get him out?
The first thing was to try and find him as when he was taken off on the back of the Council ute 3 years ago the Scenic Rim Regional Council, Mark Duncan – Ranger would not answer our calls.
Once I found him we then requested visitation.
On the first visit I was concerned (as was Kylie Addy – Council Ranger) that he could not stay in a 1.2m cell.
On that day 3 he was calm and waiting to be picked up. I was advised by Kylie Addy we could visit every day.
That was then overturned by Mark Duncan I became very concerned they were going to destroy him.
I lodged a $750,000 Statement of Claim in the QLD District Court against the Council.
Things went downhill when we got to an “interview” the next week with Kylie Addy and another Ranger in the Council Chambers. Kylie Addy stated that “we can keep him as long as we like”. The other Ranger was laughing and they attempted to not take the legal papers.
I was then fulltime on contacting the RSPCA, The Mayor, Our local Member, The Minister, The Project etc. etc.
I went to the RSPCA who inspected the pound and agreed it wasnt acceptable.
The CEO then got upset and eventhough they took him to Dakabin he personally had him shipped back. Mark Townend was CEO and his Daughter then started complaining about us on Facaitibg ebook.
The RSPCA refuse to take any action.
So we went through the Council review. the QCAT Review of the Council and then the QCAT Appeal of the QCAT decision.
All of these forums failed to understand the error in the Council not complying with the Act.
We have had blanket.toy and funds appeals and written to the press. No toys or blankets made it to Bandit and remain waiting for him.
A call out to Maree Thomas who donated a bed, Again I dont believe they let him have it.
This has taken 3 years.
Where are you up to now?
We have had 3 Barristers. It was very expensive and the only value was our last one.
Basically the process is you request Council review their decision. We did that and got the response we expected in December 2017.
We appointed a Barrister in late 2017.
The Council refused to provide any evidence and basically stalled that for 12 months by claiming I had “intimidated” witnesses by having a change.org and Facebook.
QCAT refused requests for the provision of evidence ( from the people who said they had been nipped) e.g.: jeans, boots etc. which were claimed to have been damaged. They also refused our request for the shiv and fence evidence to be assessed.
So the Council kept delaying and we didn’t get to a Hearing till late 2018.
Then it took most of 2019 to get to Appeal and that decision was made on 13 December 2019.
The Council have a huge legal team and at times two Barristers. One of them threatened to bankrupt us during a private meeting in Beenleigh Courthouse. They are called King and Company.
They then have another firm for their insurance. They have confirmed in Court that they have spent over $175,000 in legal fees.
He surely can’t be there after 3 years – it’s a scam?
I have had one troll on Facebook claim that my Family are trying to make money out of this campaign and it’s a hoax as no Council would be allowed to do this.
I can assure you he is there and his voice has got deeper as he is growing up in a prison.
The Council have now had Bandit longer than my Daughter who owns him had him.
To date we have spent probably close to $20,000 on legal fees as we have had 3 different Barristers. So the troll who claims we are making money will never be an accountant!
What were the “my cause” funds used for?
With your help we purchased a custom built Council compliant dog run as we advised the Council we would comply with all “dangerous dog” laws etc. That was about $2500.
The Council ignored this fact along with the fact we sold our home to keep our pets and Family safe and relocated.
Did Bandit get his toys and blankets?
No the Council refused to pas those to him. Some were also retained unlawfully by the RSPCA at Dakabin as he was there for a few weeks in the filthy “super pound”.
Why don’t you break him out?
A lot of supporters have suggested someone should break him out. That is not viable or lawful and it wouldn’t end well for Bandit or the persons.
The nights my Family can’t sleep thinking of him and his loneliness, heat and then freezing cold is terrible.
The facility is more like a military bunker as it has no real windows, electric gates and hidden cameras.
Amazingly the Scenic Rim Regional Council under the leadership of Mayor Greg Christensen spent more rate payer’s funds once Bandit was seized as they for some reason became paranoid about protests or break ins.
The Council increased security guards and also co-opted QLD Police to harass myself and supporters. One Beaudesert QLD Police Officer called a supporter at home to intimidate her.
Other Police have quizzed me when I have been shouting out to Bandit.
Can’t the QLD RSPCA help?
The RSPCA are corrupt. I escalated to the Chairman of the RSPCA Gary Humphries who says he has no power.
Why would a QLD Local Government Council spend over $200,000 on legal fees and refuse to settle the matter with you?
When I appeared for myself in the QLD District Court in Beenleigh in late 2017 HH Judge Chowdhury asked the Council why the matter hadn’t been settled. They had held Bandit then for just 2 weeks.
That just under 3 years ago!
Our guess is that the King and Company firm see it as a good gravy train.
They lie regularly to the Court and QCAT.
As a former Director – NSW Attorney Generals Department and a senior executive with QLD Police, QLD Corrective Services, NZ Corrective services I thought I had seen it all.
We have raised this ongoing maladministration ongoing to Federal Members, Ministers, The Premier, QLD DPI…all ignored.
Go to the press!
We did an interview and story was published in the QLD Courier Mail probably 18 months back.
Why dont you have him euthanised?
We will never give up on bub.
Thanks all