BEWARErspca.com FORUM.

My reply with suggestions to Sandra: I wrote:G'day Sandra,
There is a common theme here in Australia and in the UK: that the rspca pick on disabled people as they are easier to intimidate and bully.

The way I can help you to help yourself is to refer you to the network of websites and forums that I have established.

I would recommend that you break you story up, or write it THREE TIMES WITH A DIFFERENT EMPHASIS, and publish each different part on three of the forums that I have set up.

It is important to link the ideas in each by means of referring to each of the other parts when appropriate in each article. It is NOT DIFFICULT. Read some of my stories. You may also write an OPEN LETTER ON ANOTHER OF MY FORUMS AND LINK THAT IN TOO. You do not have to do them all at once as you can edit your articles.

When you scan the AG reply, you will be able to put that up on one of the forums as an 'upload attachment', [that is below whgre you are writing the text]. You would make that a posting almost by itslef and then you can have each of your three articles referring to it. What this does is INCREASE THE GOOGLE YAHOO RATING OF YOUR SITUATION AND SO IMPROVES THE PUBLICITY. It can be BAD PUBLICITY FOR POLITICIANS, and expecially now with the ructions in the NSW labor government, they will HATE IT.

The three forums I recommend are:

for the rspca angle
viewforum.php?f=4 /,

for the legal angle
http://selfhelpjustice.com/forum/viewfo ... b393aad015 /,

for a DISABILITY TAKE on the situation
http://globaldisabilitynetwork.com/foru ... um.php?f=9 /,

for even more than three you could consider putting one in
http://shonksandshysters.com/forum/view ... d33aa46c0e /,
and in
http://rateaustralianjudges.com/forum/viewforum.php?f=6 /.


examples of open letters are at
http://globaldisabilitynetwork.com/foru ... hp?f=9&t=7 /,
and as I explain in that, I also send an ALERT EMAIL, maybe to all NSW parliamentarians, and at
http://haigreport.com/toastmastersforum ... m.php?f=21 /..

As an extra, you might like to consider buying FRESH FOOD on line from Australian FARMERS, and you may know some FARMERS or other PRIMARY PRODUCERS like EQUINE PRODUCERS, whoi may like o advertise for FREE on the Ultimate FARMERS MARKET aka the Global Online FARMERS MARKET at

http://ultimatefarmersmarket.com/forum/ ... um.php?f=8 /.

Tell me what you think.
RM.
- Show quoted text -

On Mon, Sep 15, 2008 at 3:47 PM, Sandra [Surname and email, deleted] wrote:

.Here is a document which went to the NSW Attorney-General regarding my case. I prepared a letter and my lawyer (at the time, Feb this year, don't have one now) refined it and added to it to come up with this application for annulment. It explains some of my circumstances and the reasons I pled guilty at the last minute. I believe I was in shock and trauma on the July 2007 hearing date, and was also thoroughly intimidated by the legal process and the RSPCA. I've finally received an answer from the AG. My application was denied. I can't get my scanner working so I'll type their letter to me in and send it to you all later. I hope this is not the end of the story - the reasons given in the letter seem unconvincing to me, but I'm not sure how to proceed just now.

Sandra
ps A very wise man and farmer gave me some advice regarding taking this application to my local Member of Parliament and some other advice. I also would have wished to use him as a witness when/if I ever get to have my case heard. He was very sadly killed by a cow a couple of months ago.

-Kind regards,
********************************************************************
Russell G H Mathews BCom BSc LLB BA

ex-Member of the Standing Committee of Convocation of

The UNIVERSITY of QUEENSLAND

Ph: NONE:I've given TELSTRA the FLICK. Hooray![Just email me.]

Email: http://HaigReport.com/eml.html
*******************************************************************

Fascimilie communique from Sandra to Hatzistergos, NSW Attorner-General; Sandra wrote:

Contact Mr Hatzistergos in his capacity as Member of the Legislative Council
Address The Hon. John Hatzistergos,
Parliament House,
Macquarie Street,
Sydney NSW 2000
Phone (02) 9230 3463
Fax (02) 9228 3600
Email office@hatzistergos.minister.nsw.gov.au

Our ref:
Your ref:
10 February 2008
Attention: The Hon. John Hatzistergos
Minister for Justice & Attorney General URGENT
Parliament House
Macquarie Street
SYDNEY NSW 2000
By Facsimile: 02 92283600 
Dear Minister,
 
RE: APPLICATION PURSUANT TO SECTION 5 OF THE CRIMES (LOCAL COURTS APPEAL AND REVIEW) ACT 2001

I am writing this letter to request that you exercise your powers under section 5 of the Crimes (Local Courts Appeal and Review) Act 2001 an annul my convictions, the details of which are set out below.
History:
I am currently in receipt of a disability pension due to my severe anxiety and depression. I have been totally disabled since mid-1993 when I was involuntarily retired from secondary school teaching with the NSW Department of Education.
In December 2002 I was able to re-enter the workforce for a few hours per week stacking supermarket shelves.  I have now recovered to the point where I have been able to return to teaching on a casual basis. My situation was continuing to improve until September 2006 when the RSPCA seized my horses without any warning.
On the 9 July 2007, as a result of the RSPCA seizures, I pleaded guilty to an RSPCA prosecution involving four allegations of failing to provide proper and sufficient food to four of my horses along with a further four counts of failing to provide Veterinary treatment to those horses in the Moss Vale Local Court. I did not believe I was guilty of any such offences at that time.
Reason for Application:
The basis of my application pursuant to s5 is that I do not believe that I am actually guilty of the offences and at the time I entered my plea of guilty I did so only on the basis that I thought I would get two of my horses back (all four horses had been confiscated by the RSPCA). I have set out the circumstances as to how I came to make that plea below.
Due to my personal financial situation and mental health, I was unable to obtain legal advice and representation prior to my case being heard on July 9 2007. 
I believed myself to be innocent of the 8 charges (and still do) and had every intention of pleading not guilty as I had done at the two prior hearings even though I was not in a position to adequately defend myself. 
I had been warned by the magistrate in February that if I were to plead not guilty and be found guilty,  I would be likely to be up for costs of "many, many thousands of dollars". Some people who advised me, including the helpers at Anglicare, thought I had no option to plead guilty because of the financial implications.  I did not agree with this but it was in my mind.
 
Prior to the July hearing, in December of 2006 during my first appearance in court on this matter,  RSPCA had successfully applied to the court to take ownership of my four horses, which they had seized, in order to sell them by tender.  I was to be allowed to tender for them and did so.  However in February or early March of 2007 I received a letter from RSPCA informing me that two of my horses had been sold to another bidder,  and the remaining two on which the I was the highest bidder were to be retained by RSPCA until the outcome of the court proceedings. 
 
I was totally devastated at the loss of these two horses, both of whom I dearly loved,  had bred myself and raised,  and one of which would have never been for sale.  It was especially unfair as these particular horses had been absolutely fine when seized by RSPCA.
 
At the courthouse on July 9 2007 I was an unrepresented defendant and was forced to speak directly with the RSPCA Inspector and the RSPCA’s barrister and instructing solicitor.  At this time I was informed by the Barrister that the two horses of mine which I had previously been notified had been were not in fact sold and were still in the RSPCA’s possession.
The realization that my horses were still available to perhaps be returned to me was both a huge shock and relief to me. I was very relieved but upset and I broke down emotionally and said "I will plead guilty if you will give me three horses back". In response to this statement I received a “deal” from the Barrister that I would be able to have two of the horses returned to me if I pleaded guilty. I did not believe I was guilty and I was quite clear when speaking to the Barrister as to why I was pleading guilty, not because I thought I was, but just so as to get my horses back. 
With the benefit of hindsight and clear thought I now realise that I should never have agreed to plead guilty. At the time I was acting upon my emotions upon finding that my beloved horses were not gone.  Since the date of conviction I have had an opportunity to speak to a solicitor about the conversation that I had on that date with the Barrister. Upon my instructions as to what took place I have been informed that what I did in pleading guilty in this manner was not a true plea of guilty at all and that it should have been made abundantly clear to the court by the prosecuting authority (the RSPCA) that there was a “deal” behind the plea of guilty which would have alerted the court to the fact that my plea was not a true or genuine plea of guilty at all. The solicitor that I have since spoken to and obtained advice from has advised me that had the surrounding circumstances of the plea been known to the court it would have been obliged to pry into my basis for pleading guilty and ultimately, upon being told my reasoning for the pleas of guilty, the court would not have been able to accept those pleas as they were not genuine pleas of guilty. I have been advised that these pleas were made under a duress and were made in response to the incentive offered by the RSPCA in accepting my misguided willingness to plead guilty in return for the return of my horses.
 
I told the Barrister representing RSPCA that I wasn't pleading guilty because I believed I was,  but because I could get my horses back.  I also stated to him that I didn't have the emotional and physical resources to fight them.  He took all of this into account and went ahead and presented my guilty plea. 
Having never been in a court proceeding before I didn't understand the manner in which proceedings were conducted and I was shocked to find the magistrate commenting on evidence contained in a fact sheet which the RSPCA had given him which was totally untrue and which he used to condemn me severely.  I had no idea that the version set out in their document would go before a magistrate and certainly didn't know that I was seen to be accepting all this so called evidence by pleading guilty. I had merely done what had to be done to get my horses back – I did not believe I was guilty.
 
During the course of the meeting with the Barrister from the RSPCA I was drawn into negotiations of some sort of deal to be presented to the magistrate regarding costs and a bond.  I really didn't take it all in because I was just overwhelmed at knowing my horses would come back to me. The barrister spoke to me and the inspector about any conditions regarding all my other animals, which include 14 horses and 6 dogs.  The inspector indicated she had no concerns at all about them and she knew them.   I mentioned that if I were to plead guilty it may ruin my reputation and ability to continue in my fields of agricultural education,  horse breeding,  horse and rider training and judging.  At that point the barrister and the inspector both agreed that there were no press officers in attendance and I should be able to go back to my life and about my business.  However the RSPCA released a damning press statement to the local paper which was put on the front page of the paper with my name and address.  Only then did the full situation hit me.  I believe I was conned and taken advantage of as an easy target. 
 
 I, like many people, had admired the work of the RSPCA and thus never even thought of the possibility that they could act maliciously but I now believe they did so in this case.  Once they have seized animals, they invariably prosecute I am now aware,  and will go to great lengths to achieve a conviction. A further disappointing aspect became known to me in the following week or so.  At some point on the process, at the stage of charging me,  the RSPCA had put a code for one of the charges which did not match the description.  The charge described was "fail to provide proper and suffiicient food".  The code was for committing an act of aggravated cruelty.  I find it hard to believe that this could go before so many lawyers and a magistrate and no one notice this.  The end result is that I have a conviction for aggravated cruelty due to a coding error.
 
This concludes my request however I have kept it to the most basic facts,  and not included quite a bit of background information and details of conversations between myself and RSPCA,  as well as the abusive behaviour of a senior RSPCA Inspector to myself and two members of the public outside the courthouse in December,  where RSPCA went back on their advice that they would release the horses back to me if I could pay the cost of feed from the time they were seized,  which I was prepared to do,  and many other connected matters.  I am certainly prepared to provide you with a much more detailed account if you desire it.
 
I thank you for your time in considering my request and ask that you please,  in the interests of justice, grant an annulment under Section 5 of the Local Court Appeal and Review Act and allow me to reverse my plea of guilty in this matter and receive a proper hearing.
 
Yours faithfully,

Sandra ****** 
***************,
******** NSW 2577
[Hatzistergos received those identification details that are here deleted.]