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Live Baiting Charges - Greyhounds - Racehorse TALK

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Offline Swaggie

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« 2016-Feb-13, 01:04 PM Reply #25 »
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Offline Sunliner

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« 2016-Feb-15, 11:04 AM Reply #26 »
The evidence of the extent of live baiting is quite obvious in NSW, Vic and Qld, all states with thousands of greyhounds in training, very few rabbits, pigs or chooks were actually found anywhere.

The main reason for this was not that anyone was active in stopping live baiting, but the clubs and breakers found it both easier and more profitable to use the gutted rabbits, which could be used upwards of 5-6 times before being replaced. The club I was involved in paid $7 per gutted rabbit, but charged $15 for the first dog, $10 for the next dog. Some TAB clubs charged as much as $25 for a finish-on to a gutted rabbit, and whatever anyone thinks, the clubs protected their profits.

There was one club that reported having to dump 800 frozen gutted rabbits after their use was banned, but nowhere has it been reported that at any of the clubs or the breakers named in the 4 Corners program, had  large number of cages or traps seized, and for live baiting to have been rampant, there would have needed to be very large numbers of cages to keep the rabbits in. The main breakers in NSW broke-in between 40 and 200 dogs per month, these pups are usually put around a bull ring daily for the first week, before being taken to the main track 3-4 times a week, so to be using live rabbits on a regular basis on that many dogs, that many times a week, means an incredible number of rabbits to be transported,housed, fed and hidden.

And lets finish with the rabbit men, which would you rather, try to keep large numbers of rabbits alive, or break their neck and throw them in the chiller box?

The sport was geared towards dead rabbits, not live because it was easier and more profitable.

Offline Gintara

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« 2016-Feb-15, 03:29 PM Reply #27 »
  emthup  Sunliner.

Just to clarify the use of a frozen rabbit carcass was legal practice. It has now been banned along with a raft of changes and recommendations.

Reading the working parties paper that came out last week the breeding changes don't sit well with me, thoughts?


Offline Sunliner

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« 2016-Feb-16, 08:12 AM Reply #28 »
The JWG put forward the proposals suggested at the Special Commission, which seem aimed at limiting the growth of the sport, based on applying a moral code that doesnt apply to the other codes, nor anywhere else in society.

A quota is unworkable, the sport is reliant on when, and often 'if' a bitch comes on season, the breeders are too often guided by circumstance. I had a bitch mated last year who hadnt been on season for 5 years, just getting a pink certificate, dna, immunizations up to date was a hassle, but imagine if she came on towards the end of a year and the sport had already filled its quota, she'd have to be missed, and at her age another years wait would have seen her never have a litter.


Offline Arsenal

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« 2016-Feb-16, 05:45 PM Reply #29 »

Offline vadim

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« 2016-Feb-16, 07:58 PM Reply #30 »
Committee to debate new laws

The Agriculture and Environment Committee will this week hear submissions on a bill to introduce Queensland Racing Integrity Commission and broaden powers to investigate animal welfare concerns in the racing industry.

Animal Liberation Queensland president Chay Neal said overbreeding was his organisation's biggest concern and he would continue to push to have the industry shut down.

"I don't see that there's anything really that they can do, that will put a stop to dogs being bred and killed by the industry," he said.

"There has been a reduction in the number following the Four Corners report a year ago but any number of dogs is unacceptable in our opinion."


Read mo http://www.brisbanetimes.com.au/queensland/greyhound-live-baiting-nine-of-22-trainers-had-life-bans-cut-20160215-gmutsc.html#ixzz40K7PROpY
Follow us: @brisbanetimes on Twitter | brisbanetimes on Facebook


The next few days will be defining.


Offline Authorized

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« 2016-Feb-18, 07:33 PM Reply #31 »

Greyhound racing officials refused to hand over names of suspected live baiters, inquiry told

Natalie O'Brien 
Published: February 18, 2016 - 4:34PM

Greyhound Racing NSW officials refused to hand over information to the RSPCA that could have helped identify a number of people suspected of involvement in live baiting due to privacy concerns, an inquiry has heard.

The Special Commission into Greyhound Racing has been told a diary which "contained very valued information" was seized during a raid in February 2015 on an unidentified trainer who was suspected of using live animals to train greyhounds on his western Sydney property.

The chief inspector of the RSPCA, David O'Shannessy, told the commission on Thursday that the society had asked Greyhound Racing NSW to identify the people in the diary, which had a list of Christian names and telephone numbers.

But Mr O'Shannessy said the racing organisation would not assist unless they received a formal notice to produce information.

Mr O'Shannessy told the commission the RSPCA never prepared the notice or sent it.

The RSPCA did not think it was appropriate in the circumstances and did not want to be seen to do anything to jeopardise any impending court cases, he said.

Mr O'Shannessy told the commission that had a memorandum of understanding between the organisations been in place, it would have been easier to exchange information.

He had told the commission a memorandum of understanding had been drafted years earlier but had never been signed or finalised for a number of reasons.

These included reservations about sharing information with an organisation that did not have the same powers as it did, privacy concerns, and fears of defamation cases against the RSPCA for releasing information.

The special commission was set up in the wake of last year's live-baiting scandal, which has forced a shake-up of the industry.

The former Greyhound Racing NSW chief executive officer, Brent Hogan, and the board of the organisation stepped down from their positions last year after the scandal broke.

The commission resumed hearings this week to hear evidence about greyhound injuries, general welfare and governance.

It has been told that greyhound racing stewards were told to "desist" from providing too much detailed information about injuries and deaths of the dogs, because the industry was being plagued by "pretty bad publicity".

Mr O'Shannessy said that the RSPCA received dozens of complaints a year about greyhounds but the number jumped dramatically to 100 in 2015 after the revelations about live baiting.

Mr Hogan was recalled to give evidence to the commission. 

He said he had not been made aware of concerns by the organisation's manager of welfare, education and welfare, Tony O'Mara, or the chief steward, Clint Bentley, that live baiting was continuing and industry participants had, at consultation meetings with Mr O'Mara, baulked at any moves to stop the illegal activity.

Despite documents going to the board of Greyhound Racing NSW that included areas of concern – including that the historic practice of using live animals needed to be eradicated – Mr Hogan said he believed the issue was about the public perception of dead carcasses of animals being used.

When asked why Mr O'Mara had brought the issue of live baiting to the attention of the board, Mr Hogan said: "It was unclear to us."

The commission has adjourned.


Offline Arsenal

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« 2016-Mar-08, 04:49 PM Reply #32 »
Former Hall Of Fame trainer Ron Ball  has lost his appeal against conviction for his involvement in live baiting but had his LIFE sentence reduced to 10 years......10 being the  mandatory penalty specified by rules implemented by GRA.

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2016-03-03-ronald-ball.pdf


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Offline Gintara

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« 2016-Mar-08, 07:39 PM Reply #33 »

Greyhound racing officials refused to hand over names of suspected live baiters, inquiry told

Natalie O'Brien  Published: February 18, 2016 - 4:34PM

Greyhound Racing NSW officials refused to hand over information to the RSPCA that could have helped identify a number of people suspected of involvement in live baiting due to privacy concerns, an inquiry has heard.

The Special Commission into Greyhound Racing has been told a diary which "contained very valued information" was seized during a raid in February 2015 on an unidentified trainer who was suspected of using live animals to train greyhounds on his western Sydney property.

The chief inspector of the RSPCA, David O'Shannessy, told the commission on Thursday that the society had asked Greyhound Racing NSW to identify the people in the diary, which had a list of Christian names and telephone numbers.


I've got a diary that has a lot of names and numbers in it, as I'm sure many would  :shrug:

Offline Arsenal

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« 2016-Mar-27, 11:15 AM Reply #34 »
Banned greyhound trainer in court

TRENTON AKERS

DISGRACED greyhound trainer Tom Noble has found himself in the middle of a scandal again, with police alleging he has been trialling dogs since last year at his track west of Brisbane and that he’s stolen police property.

Noble fronted Ipswich Magistrates Court yesterday in a special hearing where he did not apply for bail on allegations he located and stole several cameras that police placed on neighbouring properties to watch over his Churchable greyhound training track, 60km west of Brisbane.

Police will also allege that footage recovered from the covert cameras showed Noble trialling dogs between May and June of 2015 and February to March of this year with other trainers present.

Noble has been banned for life by Racing Queensland from all greyhound racing and was under strict bail conditions he was not to trial any dogs or have contact with any trainers co-accused of live baiting.

In February, Noble (pictured) told The Courier-Mail that the conditions placed on him from previous charges were “worse than going to jail”.

He has admitted 15 charges of animal cruelty, including using live piglets as bait during secret greyhound training sessions and is awaiting sentencing for those charges.

“Not having dogs, not going to tracks, not going to places that have got dogs – it’s possibly worse than going to jail,” he said. “You regret it now. It’s just a thing you’ve been brought up with.”

The 69-year-old has been charged with stealing, wilful damage, trespass and breaching bail conditions, and is due to return to court on Tuesday.

His lawyer did not return calls yesterday.



Seeing he's been at it all his life and knows nothing else........ more than likely he'll do time getting a taste of what it's like over Easter :shrug:


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Offline Arsenal

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« 2016-Apr-01, 07:20 AM Reply #35 »
FALLEN greyhound trainer Tom Noble admitted to police he “lost it” when he found covert surveillance cameras watching him on a neighbour’s property, a court has heard.





Noble appeared in the Ipswich Magistrates Court dock when he applied for bail on seven charges, including stealing and wilful damage, which were levelled against him last week.

Defence barrister Angus Edwards said his client admitted to confronting neighbours of his Churchable property about having police surveillance equipment spying on him. But he said there was no allegation the 69-year-old was ever threatening to anyone involved.

“There’s no suggestion that my client was violent in any way,” Mr Edwards said.

However, he admitted Noble, who he said was cooperative with police, did remove the covert surveillance equipment when he found it.

“He accepted that he had lost it when he saw the camera watching him,” Mr Edwards said. “That he had gone over and dismantled the camera.
“He took the police to the location of the camera, which was then returned.”

He disputed the equipment had been stolen or damaged by his client during the incident.

Mr Edwards also questioned two contraventions of prohibition charges, which replaced breaching bail allegations, relating to handling of animals. Mr Edwards contended his client had only operated the arm of a racing lure on the greyhound track without handling any animals.

Noble was granted conditional bail, banning him from handling any animals unless approved by the RSPCA, with the magistrate noting there were no animal cruelty charges among the latest allegations.

The matter was adjourned for mention on April 13.

Originally published as Trainer ‘lost it’ over surveillance cameras



Tom released on bail .......out of chokey for the moment .......his brief deserves his fee....as Richard Ackland from  Justinian opines "A reasonable doubt for a reasonable price"


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Offline Arsenal

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« 2016-Aug-29, 10:06 AM Reply #36 »

Judge throws out cruelty case after finding video footage inadmissable
 
Exclusive, The Courier-Mail

August 29, 2016 12:00am

ANIMAL cruelty prosecutions have been thrown into chaos after a judge ruled video footage of live baiting was inadmissable and threw out a charge against a greyhound trainer.

The District Court at Ipswich was told in a pre-trial hearing on Friday that animal rights activists obtained the video illegally after trespassing on private property to secretly install the cameras.

Judge Greg Koppenol accepted that the recordings should not be used.

Trainer Ian Hoggan, 64, was due to face trial today on one count of animal cruelty but instead walked free after the decision.

A screen grab from Four Corners’ expose of live baiting in the greyhound industry.
Queensland Attorney-General Yvette D’Ath has been informed and will have to decide whether to ask the Court of Appeal to provide a definitive ruling on the issue, The Courier-Mail has been told.

Animal Liberation Queensland activists installed the hidden cameras on a training track at Churchable, west of Ipswich, and surrounding bushland and made repeated trips to collect the footage.

The recordings caused a national furore when aired on the ABC’s Four Corners.

Mr Hoggan’s lawyer, Sam Di Carlo, prepared 18 pages of submissions for why the charge should be dismissed.

Lawyer Sam Di Carlo prepared 18 pages of submissions for why the charge should be dismissed.

The inadmissable footage was shot at greyhound trainer Tom Noble’s track.

“These people trespassed, the police didn’t charge them with trespassing. So other people will be able to say ‘we’ll just go on other people’s property when we see a crime’,” Mr Di Carlo said.

He also argued that a warrant to search Mr Hoggan’s property was unlawful because it was the result of him initially being incorrectly identified in video footage.

Mr Di Carlo also told the court interviews were inadmissable.

“There was an offer to my client to make admissions on the basis of an indemnity,” he said.

Prosecutors unsuccessfully sought an adjournment to ask the Court of Appeal for a ruling on whether the video could be used.

Friday’s decision came as a surprise because District Court Judge Alexander Horneman-Wren ruled in July that the recordings were admissible in the public interest. In that case, greyhound trainer Reg Kay asked the court to throw out the footage.

Judge Horneman-Wren’s earlier ruling had paved the way for police to charge more people with animal cruelty offences.

Mr Hoggan has been suspended from involvement in greyhound racing pending the result of the criminal charge.

A live piglet is used to bait greyhounds in footage screened on Four Corners.
“I’ve been 16 months on the sidelines of an industry I’ve been involved in for 50 years,” he said yesterday.

The latest ruling came at a pivotal time, with live-baiting “kingpin” Tom Noble due to be sentenced tomorrow on animal cruelty offences. Noble’s track was used for live baiting by an array of Queensland trainers and it was there that the footage was captured.

The greyhound racing community is rejoicing over the decision, taking to social media to celebrate the court win.

“Yesterday Ian had his day in court and after what I understand was a brilliant performance by his barrister, the judge ruled that Ian had no case to answer. A result for the goodies,’’ wrote industry insider Garry Carson.


Comments37

Goodness gracious the hidden cameras disclosures "inadmissible" ruled  by Koppenol J after his colleague Horneman -Wren J accepted it as proving the offence ...whose right and whose wrong obviously a matter of opinion which a higher court will most likely have to get their minds into gear to decide.......still hardly a decision for rejoicing IMO as opined by the above named. :thumbsd:


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Online fours

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« 2016-Aug-29, 10:23 AM Reply #37 »
So.....

Is Bairds legislation also to be thrown out on the basis its relied on admissable evidence..... and of course USA evidence...

Fours

Offline tontonan

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« 2016-Aug-29, 05:37 PM Reply #38 »
The greyhound racing community is rejoicing over the decision, taking to social media to celebrate the court win.

“Yesterday Ian had his day in court and after what I understand was a brilliant performance by his barrister, the judge ruled that Ian had no case to answer. A result for the goodies,’’ wrote industry insider Garry Carson.


This is precisely why the defence of the greyhound industry has no traction beyond itself.   What the broader community see as proven live baiters the greyhound industry considers 'the goodies'.

On the question of admissible evidence there virtually are no 'rules' with regards to Royal or Special Commissions of the Parliament.  That is why they are feared.

But you already knew that.

Offline Skybeau

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« 2016-Aug-29, 05:40 PM Reply #39 »
Hopefully these people will be weeded out of the industry another way.

Offline Sunliner

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« 2016-Aug-29, 07:25 PM Reply #40 »
Tontonan,  you are right and wrong. The community is not fooled, but arc's up at people at the bottom being held to account whilst those at the top(bankers) etc using loopholes to get away with illegality.

Simple fact, if the illegality had not been sub-contracted to Animals Australia, then there would have been no 4 Corners story.

Another fact, in NSW the Head of Integrity twice wrote to Troy Grant and asked for the powers to deal with live baiting, but was refused.

2 choices, democracy, or a Police state. 4 Corners holds the greyhound industry to account for not imposing a Police state, because some see the welfare of animals as more important than our society.

Offline Gintara

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« 2016-Aug-29, 10:27 PM Reply #41 »


This is precisely why the defence of the greyhound industry has no traction beyond itself.   What the broader community see as proven live baiters the greyhound industry considers 'the goodies'.



Tonto you'd hardly find anyone 'rejoicing over this' I'd say more poetic licence in the story than anything else.

Offline Arsenal

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« 2016-Aug-30, 06:43 PM Reply #42 »
Former greyhound trainer Tom Noble has become the "poster boy" for live baiting in Queensland and received death threats since the scandal broke last year, a court has heard.



Noble, 69, has pleaded guilty in Ipswich District Court, west of Brisbane, on 15 counts of serious animal cruelty.

He was charged in February 2015 during a joint police and RSPCA investigation after the ABC's Four Corners program exposed widespread live baiting, including at Noble's Churchable property, north of Gatton.

In sentencing submissions in court today, Noble's lawyer Angus Edwards said his client had been ostracised from the greyhound industry and lost his livelihood, lifestyle and friends.

"He's a man who loves dogs and who has devoted his entire adult life to the greyhound industry," he said.

"Instead Mr Noble is painted in the media as the bloodthirsty villain.

"It's obviously had a great impact on both my client and his wife, their grandchildren no longer stay at the house and the same with their two daughters in case someone tries to hurt them. They've received many death threats.

"He's become the poster boy or face for live baiting in Queensland.

"He is a man of an age where live baiting, roo shooting and going pigging were all acceptable, who was raised and steeped in that culture and who had ultimately became a victim of it."

In Ipswich District Court last Friday, a charge of animal cruelty was dismissed against greyhound trainer Ian Hoggan because video evidence had been illegally obtained by animal activists.

Mr Edwards told the court Noble could have challenged the video footage as other greyhound trainers had, but instead he accepted responsibility for his involvement and cooperated with authorities.

Noble's sentence was adjourned until next Tuesday for the judge to consider the submissions.

The maximum penalty for serious animal cruelty is seven years' imprisonment.

http://www.abc.net.au/news/2016-08-30/tom-noble-received-death-threats-painted-as-bloodythirsty/7798518?section=qld

TV news report that Edwards submitted the judge should give his client a suspended sentence while the prosecution argued  he should serve 2 to 3 years for his crime......probably unlikely he'll be going home on Tuesday although he has fessed up and will get credit for his guilty plea.


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Offline Arsenal

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« 2016-Sep-06, 06:43 PM Reply #43 »
Greyhound live baiting: Former trainer Tom Noble receives suspended jail sentence

Updated about 6 hours ago

Former dog trainer Tom Noble leaving Ipswich District Court
 Photo: Former dog trainer Tom Noble leaving Ipswich District Court today. (ABC News: Alyssa Betts)

Related Story: Greyhound trainer received death threats, branded 'bloodthirsty villain'

Related Story: Piglets, possums and rabbits used as live bait in secret greyhound training sessions

Former Queensland greyhound trainer Tom Noble has been handed a three-year, wholly suspended jail sentence after pleading guilty to animal cruelty.

Noble was charged with 15 counts of animal cruelty last year during a joint police and RSPCA investigation, after the ABC's Four Corners program exposed widespread live baiting, including at Noble's Churchable property, north of Gatton.

In the Ipswich District Court today, Noble's sentence was suspended for five years, after he pleaded guilty in a separate appearance last week.

In handing down the sentence, Judge Alexander Horneman-Wren described live baiting as a "barbaric act".

"These offences are abhorrent to all right-thinking members of the public," he said.

He noted Noble was "entirely unlikely" to offend in the future after being banned from the greyhound industry and facing public outrage.

"There remains, in my view, some potential that others may be tempted to engage in such activities … there's a profit motive in racing," he said.

Judge Alexander said Noble had been involved in the industry for more than 50 years, and was introduced to live baiting techniques decades ago.

He said Noble's kangaroo shooting and pig hunting had contributed to his detachment about feral animals.

But he said shooting was a vastly more humane death than the terror experienced by animals exposed to the "ferocity of greyhound dogs for the very purpose of developing a bloodlust within them".

Sentence a 'setback': RSPCA

RSPCA spokeswoman Georgia Sakrzewski said Noble's sentence was inadequate.

"Somebody who's done something so serious over such a long period of time, for them to receive three years and not go to prison I would absolutely consider that to be a setback," she said.

Ms Sakrzewski said serious animal cruelty legislation was introduced last year to deal with these type of offences.

"The maximum penalty for that legislation is seven years' imprisonment. I cannot think of too many scenarios that involved such significant cruelty to animals over such an extended period of time," she said.

"So therefore we were hoping that Mr Noble would receive a significant sentence. Certainly we were hoping he'd be required to serve some degree of imprisonment."

Judge 'took health status on Nobles into account'

Outside court, Noble's lawyer Danielle Heable said her client was happy with the sentence.

"His honour did take into account that he had been vilified in the media and experienced some backlash from the charges before the court," she said.

"That was obviously a consideration of the court in handing down the sentence.


"It allows him an opportunity to go home and be present with his family and take care of his wife.

"I think the sentence took into account Mr Noble's personal circumstances his health status, and that of the health status of his wife, and his requirement to be there to care for and look after her needs and to care for his own health issues."

In sentencing submissions last week, defence lawyer Angus Edwards said Noble had been ostracised from the greyhound industry and become the "poster boy" for live baiting in Queensland.

Topics: gambling, sport, courts-and-trials, animal-welfare, ipswich-4305

First posted about 8 hours ago

Of Course he would be happy.......that's an understatement if ever I've heard one ...still no point in sending him to jail...he's lost everything he values and is banned from greyhound racing. :bye:

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« 2016-Oct-04, 07:48 PM Reply #44 »
Greyhound live baiting: Queensland DPP to appeal trainer Tom Noble's animal cruelty sentence

By Andrew Kos

Posted about 2 hours ago

Greyhound trainer Tom Noble and his wife outside Ipswich Magistrates Court in September.
 Photo: Tom Noble was convicted of 15 counts of serious animal cruelty. (ABC News: Ellie Sibson)

Related Story: Government goes after greyhound trainer's Queensland property

Related Story: Former greyhound trainer Tom Noble gets suspended jail sentence

Disgraced greyhound trainer Tom Noble will have his animal cruelty sentence appealed by Queensland's Director of Public Prosecutions (DPP), the Queensland Attorney-General has ordered.

Noble was convicted of 15 counts of serious animal cruelty in the Ipswich District Court last month.

It came after the ABC's Four Corners program exposed widespread live baiting, including at Noble's property at Churchable, north of Gatton, in southern Queensland.

The racing veteran was handed a three-year wholly suspended sentence.

But Queensland Attorney-General Yvette D'Ath has now ordered the DPP to appeal the sentence on the grounds it was manifestly inadequate.

Noble's lawyer said the DPP was yet to provide her with further information.

Last month, the DPP launched separate action in the Supreme Court to take control of Noble's property under the Criminal Proceeds Confiscation Act.

Topics: courts-and-trials, law-crime-and-justice, public-sector, government-and-politics, animal-welfare, sport, brisbane-4000, qld, churchable-4311, gatton-4343, ipswich-4305, australia


Contact Andrew Kos

Trying to guess what the Court of Appeal  will come up with  is a risky business ...........if I had to I would go for a dismissal ...as for trying to grab his property that's a Quixotic idea if ever I've seen one........and how's their claim on Gordon Nuttall's superannuation going? :shutup:


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Offline Gintara

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« 2016-Oct-04, 09:06 PM Reply #45 »

.as for trying to grab his property that's a Quixotic idea if ever I've seen one........and how's their claim on Gordon Nuttall's superannuation going? :shutup:


Giddy Up :beer: 


We mightn't agree on much Arsie but when I read that bit I thought WTF, how does that work?  :shrug:

Offline Arsenal

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« 2016-Oct-06, 07:16 PM Reply #46 »
Today in the Ipswich Magistrates Court Noble was fined $1500 and ordered to pay $250 vet bills plus $23 for damaging a police surveillance camera.

Appearing on TV news tonight I thought he looked a lot better than when he appeared previously .....his health is said to be an issue ...very unlikely IMO he'll have to go to jail it would serve no good purpose apart from satisfying the animal libbers.

http://www.abc.net.au/news/2016-10-06/greyhound-live-baiting-tom-noble-fined-$1500/7908796

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« 2016-Dec-13, 09:35 AM Reply #47 »
Here's one that got away.......Tracy Kunde originally out for LIFE.......but subsequently reduced to 10 years.....on review by QCAT the decision set aside.

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-430.pdf


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« 2017-May-13, 09:49 PM Reply #48 »
Court rejects jail for live-bait trainer


THE state attorney-general has lost an appeal to make disgraced greyhound trainer Tom Noble serve jail for live baiting.

Noble pleaded guilty to 15 counts of serious animal cruelty and was in September sentenced to three years imprisonment, wholly suspended for five years, due to serious health issues and his role as carer for his ill wife.

The State Government appealed, arguing the sentence was “manifestly inadequate’’ and calling for Noble to spend actual time behind bars.

But this was dismissed by the Queensland Court of Appeal yesterday.

The court noted Noble, who owned a property at Churchable, had committed “inhumanely cruel and protracted” offences by using piglets, possums and rabbits as live bait.

“However, to proceed upon some kind of rule of thumb that such offending must always be punished by actual imprisonment could, in an individual case, contort the sentencing process,” Justice Robert Gotterson found.

Counsel for Attorney-General Yvette D’Ath had pressed for Noble to serve up to nine months in jail.

Ipswich District Court sentencing Judge Alexander Horneman-Wren had described Noble’s actions as “barbaric”.ENDS

A fitting end to a sad episode.......the AG should have known better........contrast this to throwing in the towel by withdrawing the appeal against the damages awarded to the Palm Island rioter and his family. :o

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« 2017-Aug-28, 09:03 AM Reply #49 »
Carmody rules out recordings evidence

KAY DIBBEN

A GREYHOUND trainer who is appealing a 10-year-ban for live-baiting violations has had a secret surveillance recording, which was the main evidence against him, excluded.

Justice Tim Carmody has ruled the audio recording used by Racing Queensland to disqualify trainer Gregory Paull breached the Invasion of Privacy Act, as it was of a private conversation.

RQ’s case against Mr Paull rested on surveillance tapes that were said to show him knowingly engaging in live baiting on an unregistered private training track outside Ipswich in 2014.

Mr Paull was “heard’’ on an audio recording talking about the cost of live lures compared with dead ones and “seen’’ in the proximity of a small marsupial moving on a lure.

Racing Queensland obtained videotapes of material captured on surveillance devices, planted by animal rights activists, after some footage was shown on the ABC’s Four Corners program.

Queensland Civil and Administrative Tribunal member Justice Carmody found the two-minute audio recording was of a private conversation between Mr Paull and other trainers.

He found it was not expected to have been overheard, and was inadmissible, and he set aside a previous tribunal decision to refuse the exclusion of the listening device evidence.

“No doubt this is a discouraging result from the point of view of animal welfare and racing integrity,’’ Justice Carmody said.

“It will probably mean that live baiting and other iniquitous activities may go unpunished and be even harder to detect.’’

But he said the law had to be followed to the letter.

Justice Carmody said Racing Queensland was unable to establish that the tapes did not record a private conversation.

Mr Paull was originally disqualified and warned off all racecourses for life, and had dogs forfeited, but he appealed and a disciplinary board slashed his ban to 10 years.

He appealed to QCAT and objected to Racing Queensland admitting the recordings.ENDS

This is a reversal of fortune caught Paull on tape..... but evidence inadmissable due to the Privacy Act ...apparently if the watchers want to tape or surveil  suspects they need to get authority from a judge...naturally the suspect isn't given notice of this application ...Carmody's decision seems to me to be contrary to the public interest...whether it will be subject to further proceedings or will encourage others who were caught on camera to consider further legal proceedings......in the wash up the QR board or QRIC could refuse to re-license Mr Paull.

Giddy Up :beer:


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