Elected officials of the NSW Royal Society for the Prevention of Cruelty to Animals, RSPCA, accused of corrupt practice for financial gain

source:  ww.erisk.net/erisk7/article/543821/elected_officials_of_nsw_royal_society_for_prevention_of_cruelty_to/

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(2009-06-08)

First 39 of 39 paragraphs shown Firms owned by NSW RSPCA elected officials had billed $6150 per cow, for killing 48 jersey-cross dairy cows. It had alleged these were starving. The owner – Ruth Downey – had disputed this. But the NSW RSPCA – with the aid of the local Police – then used its police-like powers to kill the stock, and bill costs of over $800,000 to the farmer. They shot the cows using Police powers and left the calves with no milk. The RSPCA – a private body – has police powers of investigation and entry.
How power corrupts: The team – NSW RSPCA, Police and State officials – then left the property, leaving 13 new born calves without milk or mothers. The legal bill for this – to the property owner – was $6150 per cow, or $882,338.
Now comes the weird bit: The bill came not from the NSW RSPCA, but, from firms owned by elected officials of the NSW RSPCA, under the umbrella of Smythe Wozniak Solicitors. Mr A C Wozniak was also the president of the NSW RSPCA. The owner of the 48 cows said she could not pay this bill. This could mean her property could pass into the hands of Smythe Wozniak Solicitors, a firm which appeared to be controlled by the President of the NSW office of the RSCPA.
Big dollars for three elected officials: The shooting of drought-affected live stock on NSW properties, leading to bankrupting of the property-owner to pay for legal fees to firms owned by NSW RSPCA elected officials appeared a big money-earner for three elected officials of the NSW RSPCA.
$1,178,026 in one year?: Three elected officials, who billed $1,178,026 in the 2008 year as the NSW RSPCA made a loss of $8,603,779, were alleged to have made very large private gains from legal actions, designed to bankrupt aged single women, with large land assets, working properties on their own.

Colluded with local police?: The NSW RCPCA directors were also alleged to have colluded with local police. However in related transactions in 2008 elected officials – Mr ODonnell and Mr A C Wozniak provided legal services to the Society. Dr Wright supplied expert witness service to Smythe Wozniak Solicitors and was also a member of the RSPCA board.

Legal costs were billed about $882,338 to the RSCPA: The same three had also used RSPCA -paid inspectors to act in ways which lead to their privately billing legal costs of $295,588.99 for legal fees after the RSPC killed 48 cattle for alleged cruelty.

The Aunt’s story: It was also alleged that the aunt of President Mr A C Wozniak operated the bequests administraion of the NSW RSPCA. The revenue was over $10 million from bequests.
Related Party Transactions: The 2008 annual report recorded Mr ODonnell and Mr A C Wozniak provided legal services to the Society. Dr Wright, at times, provided veterinary and consulting services. A pattern has aledgedly emerged of actions against older single women – all land owners – charged with offences like aggravated cruelty and failing to feed and water cattle. The RSPCA used its police powers of investigation and entry. Law firms owned by the directors, then billed costs.
Tax deductible incorporated private organization: The RSPCA, a public-funded organisation, is a registered tax deductible incorporated private organization, and had powers like the police, allocated to anyone the RSPCA choose to submit as an “Inspector”. This person is sworn in by a judge as a Special Constable. Inquiries revealed the same inspectors’ names appearing on each investigation:

– NSW RSPCA President, Andrew Christopher Wozniak, a solicitor;

– fellow RSPCA director Paul ODonnell, a barrister conducting all NSW RSPCA prosecutions via NSW RSPCA President, Mr Wozniak’s law firm, Smythe Wozniak Solicitors.

– Dr Wright, a vet from Goulburn in NSW, who it appeared was constantly being called upon to conduct veterinarian inquiries, and/or act as an expert witness during these prosecutions on behalf of the RSPCA, via Smythe Wozniak Solicitors. He is also Vice President of the NSW RSCPA.
How the rort works: Instructing solicitors from Wozniaks law firm, hire QCs (Senior Counsel), and ODonnell as Junior Counsel, to construct a three tier team, so as to get maximum fees in awarded court costs directly to that law firm.
NSW-RSPCA pays President for legal services: It further appears hundreds of thousands of dollars from public donations to the NSW-RSPCA, are paid into their accounts in legal fees as well.
A shocker: NSW-RSPCA is under a national charter; it is publicly funded by donations and in 2007-2008, collected a cool $33.9 million dollars. NSW RSPCA, President, Andrew Wozniak, on behalf of his company – not the RSPCA – billed Ruth Downey, 71, for the sum of $295,588.99 for legal fees after the RSPCA killed 48 of her cattle, after alleged cruelty. The RSPCA left 14 young calves without milk after shooting the jersey cross cows.
Narribri court on 96 charges: Taken to court in the small NSW town of Narrabri, she was prosecuted by Smythe Wozniak Solicitors acting for the NSW-RSPCA, found guilty of 96 charges of animal cruelty brought against her by the NSW-RSPCA, (she was not convicted) and costs awarded against her to the tune of $295,599.99, payable to Smythe Wozniak Solicitors.
None of these dollars go to the NSW-RSPCA?: Ruth Downey lodged an appeal against her six months good behaviour bond plus the $295,588.99 awarded court costs she must pay to a firm owned by the President of the NSW RSPCA, Smyth Wozniak Solicitors. No money went to the NSW RSCPA.

Must sell her farm to pay firms linked to RSPCA President?: This will mean she will need to sell her farm, thus making her destitute. Ruth Downey received the Memorandum of Costs presented from Smyth Wozniak Solicitors to the court, on the last day of the hearing. This document was personally handed to the court magistrate by Paul ODonnell Junior Counsel, (also a NSW RSPCA director) for the sum of $295,588.99 after the Magistrate handed down his judgment.

List of private gain by NSW RSPCA directors and associates: Court documents showed these expenses:

– Smyth Wozniak Solicitors – Andrew Wozniak instructing solicitor – $82,437.0;
– Michael King Senior Council bill for 10 days in court – $36,300.00;
– Robert Sutherland Senior Council bill for 10 days in court – $49,500.00;
– Paul ODonnell Junior Council – (RSPCA Director) bill for 4 weeks in court – $74,000.00
– Mr Viney Junior Council (Attendance only) 2 days – $3,080.00;
– Accommodation at the Narrabri Comfort Inn – $7,893.50;
– Travel expenses and car hires – $12,409.12.
Plus other smaller costs this Total = $267,577.27.