RTI-DL-RELEASE-DPIPWE 005 - 2018-19.pdf · You can respond to me in writing at the address shown in...
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Department of Primary Industries, Parks, Water and Environment BIOSECURITY TASMANIA Hobart GPO Box 44, Hobart TAS 7001 Ph 1300 368 550 Web www.dpipwe.tas.gov.au Shane Ryan Ryan Legal 85 Langtree Avenue Mildura, Victoria, 3500 Wednesday, 7 March 2018 Request to Interview Mr Andrew Williams Dear Mr Ryan, As you are aware, Biosecurity Tasmania is conducting an investigation in to the incident involving the death of 16 horses on board a voyage of the Spirit of Tasmania on the night of 28 January 2018. The purpose of our investigation is to determine a cause of death, whether there has been any contravention of Tasmanian legislation (at any stage by any person), and potential measures to reduce the risk of such an occurrence in the future. We seek the voluntary cooperation of your Client, Mr Andrew Williams, in assisting us to conclude our investigation. The legislation under which our investigation is taking place is the Animal Health Act 1995 (Tas) and the Animal Welfare Act 1993 (Tas). Both acts provide for duly appointed Inspectors or Officers (as the case may be) to exercise prescribed powers in the course of discharging their functions under the Acts. We consider that there is a significant territorial nexus with Tasmania given that the place that the horses were last seen alive was in Tasmania, and the vessel aboard which they travelled and the owner of that vessel are registered in Tasmania. As such, Tasmanian legislation applies and we expect that “full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceedings of every State”. As part of our investigation we propose to conduct an interview with your Client. Participation is voluntary however such an interview would be conducted under caution as information obtained may later be used as evidence. Under the Acts we do have powers of compulsion, but we do not want to exercise those powers at this stage. In addition to interviewing your client, we would like to inspect the truck (registration CE96CK) and trailer (registration JA27PF) which were used to transport the horses. We are willing to travel to a location that is convenient for your Client, and to the location of the truck and trailer (if that is different). Assessed by the Department of Primary Industries, Parks, Water and Environment under the Right to Information Act 2009 105 RTI-DL-RELEASE-DPIPWE
Transcript of RTI-DL-RELEASE-DPIPWE 005 - 2018-19.pdf · You can respond to me in writing at the address shown in...
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Department of Primary Industries, Parks, Water and Environment BIOSECURITY TASMANIA
Hobart GPO Box 44, Hobart TAS 7001 Ph 1300 368 550 Web www.dpipwe.tas.gov.au Shane Ryan Ryan Legal 85 Langtree Avenue Mildura, Victoria, 3500 Wednesday, 7 March 2018
Request to Interview Mr Andrew Williams Dear Mr Ryan, As you are aware, Biosecurity Tasmania is conducting an investigation in to the incident involving the death of 16 horses on board a voyage of the Spirit of Tasmania on the night of 28 January 2018. The purpose of our investigation is to determine a cause of death, whether there has been any contravention of Tasmanian legislation (at any stage by any person), and potential measures to reduce the risk of such an occurrence in the future. We seek the voluntary cooperation of your Client, Mr Andrew Williams, in assisting us to conclude our investigation. The legislation under which our investigation is taking place is the Animal Health Act 1995 (Tas) and the Animal Welfare Act 1993 (Tas). Both acts provide for duly appointed Inspectors or Officers (as the case may be) to exercise prescribed powers in the course of discharging their functions under the Acts. We consider that there is a significant territorial nexus with Tasmania given that the place that the horses were last seen alive was in Tasmania, and the vessel aboard which they travelled and the owner of that vessel are registered in Tasmania. As such, Tasmanian legislation applies and we expect that “full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceedings of every State”. As part of our investigation we propose to conduct an interview with your Client. Participation is voluntary however such an interview would be conducted under caution as information obtained may later be used as evidence. Under the Acts we do have powers of compulsion, but we do not want to exercise those powers at this stage. In addition to interviewing your client, we would like to inspect the truck (registration CE96CK) and trailer (registration JA27PF) which were used to transport the horses. We are willing to travel to a location that is convenient for your Client, and to the location of the truck and trailer (if that is different).
Assessed by the Department of Primary Industries, Parks, Water and Environment under the Right to Information Act 2009
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In order to facilitate these two requests, please respond to me by close of business on Friday, 16 March 2018 regarding:
• a time and place to meet with your Client, or notification that your Client has elected to decline to be interviewed; and
• the location of and a preferred time to inspect the truck and trailer referred to above. You can respond to me in writing at the address shown in the header of this letter, or by email to [email protected]. I appreciate your prompt assistance in this matter. If you have any questions, please don’t hesitate to contact me using the email address above, or by phone on 0448 592 605. Sincerely, Russell Hunter Program Coordinator (Animal Welfare, Biosecurity and Product Integrity) Inspector appointed under the Animal Health Act 1995 (Tas) Officer appointed under the Animal Welfare Act 1993 (Tas)
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Department of Primary Industries, Parks, Water and Environment BIOSECURITY TASMANIA
Hobart GPO Box 44, Hobart TAS 7001
Ph 1300 368 550
Web www.dpipwe.tas.gov.au
Shane Ryan
Ryan Legal
By Email: [email protected]
Thursday, 29 March 2018
Queries regarding relationship with Mr Andrew Williams
Dear Mr Ryan,
I write in relation to your professional relationship with your client, Mr Andrew Williams. This relates to
my investigation in to the deaths of 16 horses on the night of 28 January 2018.
Please address the following queries:
1. Have you have been instructed by your client to accept service of legal process?; and 2. Do you act solely for Mr Andrew Williams or also for Willo Polo Pty Ltd and any other entity
(incorporated or unincorporated) associated with Mr Andrew Williams?
You can respond to me in writing at the address shown in the header of this letter, or by email to
[email protected] (email preferred).
I appreciate your prompt assistance in this matter. If you have any questions, please do not hesitate to
contact me using the email address above, or by phone on 0448 592 605.
Sincerely,
Russell Hunter
Program Coordinator (Animal Welfare, Biosecurity and Product Integrity)
Inspector appointed under the Animal Health Act 1995 (Tas)
Officer appointed under the Animal Welfare Act 1993 (Tas)
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Department of Primary Industries, Parks, Water and Environment BIOSECURITY TASMANIA
Hobart GPO Box 44, Hobart TAS 7001
Ph 1300 368 550
Web www.dpipwe.tas.gov.au
Shane Ryan
Ryan Legal
By Email: [email protected]
Tuesday, 22 May 2018
Final request for interview with Mr Andrew Williams
Dear Mr Ryan,
I refer to my emails of 4, 9, 10 and 15 May 2018, and my voice message left on your mobile phone of 18
May 2018, regarding arrangements to interview your client, Mr Andrew Williams.
Our investigation is not yet complete but it is drawing to a close. An interview with Mr Williams will assist
with our investigation, but it is not critical to it. I reiterate that an interview is Mr Williams’ opportunity to
describe his account of the circumstances surrounding the incident involving the death of horses in his
care. Information he provides may support or contradict our current opinion in relation to the incident.
Please confirm whether or not your client is willing to participate voluntarily in an interview by replying to
this letter no later than Friday 25 May 2018. If I have not received a response by that time, I will assume a
response in the negative and will no longer pursue an interview.
You can respond to me in writing at the address shown in the header of this letter, or by email to
[email protected] (email preferred).
Sincerely,
Russell Hunter
Program Coordinator (Animal Welfare, Biosecurity and Product Integrity)
Officer appointed under the Animal Welfare Act 1993 (Tas)
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From: Hunter, Russell (DPIPWE)To: "Shane Ryan"Subject: Williams - Letter from Tasmanian CVODate: Monday, 4 June 2018 3:34:00 PMAttachments: Letter to Andrew Williams from Tas CVO 180604.pdf
image001.jpgimage002.jpg
Dear Mr Ryan, Please find attached for your attention a letter addressed to Mr Andrew Williams, care of your office, from the Tasmanian Chief Veterinary Officer. I trust that you will forward it to Mr Williams. Do not hesitate to contact me if you have any questions. Regards, Russell.
Russell HunterProgram Coordinator (Animal Welfare, Biosecurity and Product Integrity)Biosecurity Operations Branch | Biosecurity TasmaniaDepartment of Primary Industries, Parks, Water and Environment E: [email protected] | M: 0448 592 605 | P: 03 6165 3783 Address: 13 St Johns Avenue New Town Tasmania 7008Mail: GPO Box 44 Hobart TAS 7001
Keep yourself up to date on Biosecurity in Tasmania…Web: www.dpipwe.tas.gov.au/biosecuritySubscribe to Tasmanian Biosecurity Advisories or
Biosecurity Tasmania
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mailto:[email protected]:[email protected]:[email protected]://www.dpipwe.tas.gov.au/biosecurityhttp://biosecurityadvisory.dpipwe.tas.gov.au/Pages/Subscribe.aspxhttps://www.facebook.com/pages/Biosecurity-Tasmania/134465243299011 -
Department of Primary Industries, Parks, Water and Environment BISECURITY TASMANIA
13 St Johns Avenue, NEW TOWN TAS 7008
Enquiries: Rod Andrewartha
Ph: (03) 6165 3261
Email: [email protected]
Our ref: H802490
Your ref:
4 June 2018 Mr Andrew Williams C/- Shane Ryan Ryan Legal 85 Langtree Avenue Mildura, Victoria, 3500 Dear Mr Williams, Re: Polo Pony Mortality, January 2018 Thank you for your co-operation and assistance to date in relation to investigating the horse mortalities that occurred on 28 - 29 January 2018. I have no doubt that the polo ponies were valued animals. The incident was a tragedy and public interest in this case has been quite intense. One of the primary aims of Biosecurity Tasmania’s investigation of this incident was to determine a most likely cause of death and identify potential measures to reduce the risk of such an occurrence in the future. I am writing to convey some preliminary findings and risk factors relating to the potential cause of death of the ponies, that may assist to ensure the health of animals transported in the affected transport unit in the future. The recent visit to Jemalong to inspect the affected transport unit has contributed significantly to our analysis and allowed us to arrive at these preliminary findings. Though our investigation is not yet complete, it would be remiss of us not to provide you with advice for the future safety of horses based on the information we currently have to hand. I must emphasise that the information in this letter does not in any way indicate final findings or opinions in relation to contravention of Tasmanian legislation by any person. Information gathered to date relating to the cause of death
Horse mortalities occurred on only one of two horse transports used by you on 28 - 29 January 2018; the other horse transport containing 12 horses (registration AM38VY) was unaffected.
Charles Sturt University (CSU) laboratory pathology reports state that sudden death was due to peracute respiratory failure, not due to bacterial septicaemia and unlikely the result of a toxin; hypovolaemic shock and/or hypoxia were also noted as potential causes of marked circulatory effects in the kidneys.
Extensive toxicology did not reveal the presence of a toxin o information held by the Victorian Institute of Forensic Medicine in relation to carbon
monoxide test results is still outstanding.
A visit to Barnbougle by Biosecurity Tasmania investigators on 27 March 2018 revealed a small, healthy herd of three polo ponies and the absence of access to any serious threat of toxic plants or sprays.
An inspection of the affected transport unit (registration TA27PF) by Biosecurity Tasmania investigators on 2 May 2018 confirmed or revealed the following:
o The trailer is a converted insulated refrigeration unit that has 11 horse stalls.
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o Along each side of the trailer, at the same level on each side, are six permanently open barred vents that correspond to every second horse stall, with no other vent at a higher or lower level, for the first nine stalls.
o The last two stalls on the trailer were located close to the loading ramp which did not completely seal, and five drilled holes were observed near the ceiling.
o Images of the transport unit included in pathology reports associated with the incident show the first stall at the front of the trailer contained equipment at the time of the incident, leaving 10 stalls to contain 18 horses, suggesting that most of the horses were loaded two per stall.
The unaffected transport unit (registration AM38VY) had longer vents completely spanning both sides of the trailer for every stall, at two levels, and a permanent opening at the top of the tail gate/ramp.
Risk factors identified Three key risk factors have been identified that may contribute to a cause of death:
Adequacy of ventilation
Loading pattern of horses (including density)
Environmental conditions along the entirety of the journey (from loading horses to unloading) Preliminary findings relating to the cause of death Based on the analysis of our veterinary officers, it appears that the placement, size and number of vents in the affected transport unit may not provide for adequate ventilation. In particular the current vent layout may not encourage air convection, potentially resulting in stagnant air. Where pockets of stagnant air contain one or more animals, the available oxygen inside that pocket can be rapidly consumed. This is supported by the pathology findings showing evidence of ‘considerable respiratory effort immediately prior to death’. The rear of the affected transport unit has features that may allow sufficient air convection, such as the gap remaining around the closed tail gate/ramp and small holes in the walls near the roof. The two surviving horses were reportedly located at the back of the unit, and this may explain why they survived. The unaffected transport’s vent placement appears more likely to encourage air convection, given that the vents run the length of the unit and there is a permanent opening at the top of the tail gate/ramp when closed. Recommendations In light of this preliminary information my immediate recommendations to you are to:
Suspend use of the affected transport unit to move horses immediately, until -
o ventilation capacity of the transport unit is assessed, taking into account the ventilation
requirements of horses on board while the unit is at rest; and
o appropriate modifications are made, such as installing additional wall and/or ceiling
ventilation to encourage convection (without compromising the structural integrity of the
unit); and
o re-assessment of the ventilation capacity of the unit.
Consider installing monitoring equipment (with alarm capability) to indicate oxygen concentration or
depletion, and/or carbon dioxide level elevation beyond safe levels.
Cease loading horses in a pattern of two per stall when crossing Bass Strait, noting that regulation
34(6) of the Animal Welfare (Land Transport of Livestock) Regulations 2013 (TAS) requires horses
being transported across Bass Strait to be individually stalled.
Yours sincerely
Rod Andrewartha
Chief Veterinary Officer
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From: Hunter, Russell (DPIPWE)To: Ryan RobertsonCc: Shane RyanSubject: RE: Your Request to Interview Mr Andrew WilliamsDate: Wednesday, 21 March 2018 9:26:55 AM
Dear Ryan,
I phoned Shane Ryan this morning, who advised he would be tied up in court for most of this week.
Our letter of 14 March 2018 requested a response by close of business on Friday 16 March 2018. Can youplease advise when we can expect a reply?
Many thanks,
Russell.
________________________________________From: Hunter, Russell (DPIPWE)Sent: Wednesday, 14 March 2018 9:48 AMTo: Ryan RobertsonCc: Shane RyanSubject: RE: Your Request to Interview Mr Andrew Williams
Dear Ryan,
Please find attached for your attention a response to your letter of 9 March 2018.
Thanks,
Russsell.
Russell HunterProgram Coordinator (Animal Welfare, Biosecurity and Product Integrity)Biosecurity TasmaniaM: 0448 592 605 | P: 03 6165 3783
-----Original Message-----From: Ryan Robertson [mailto:[email protected]]Sent: Friday, 9 March 2018 4:36 PMTo: Hunter, Russell (DPIPWE) Cc: Shane Ryan Subject: Re: Your Request to Interview Mr Andrew WilliamsImportance: High
Dear Russell,
See attached letter for your attention.
Regards,
Ryan Robertson | LawyerRyan Legal | 85 Langtree Avenue | Mildura VIC 3500 t +61 3 5023 7909 f +61 3 5023 [email protected] www.ryanlegal.com.au
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mailto:[email protected]:[email protected]:[email protected]:[email protected]
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Notice:This email (and any attachment) is for the exclusive use of the addressee and may contain information that isprivileged, confidential or protected by copyrights. If you are not the addressee or the person responsible fordelivering this email to the addressee, you must not disclose, distribute, print or copy this email and the contentsmust be kept strictly confidential.
If this email has been sent to you in error, kindly notify us immediately on +613 5023 7909 and destroy theoriginal. Electronic mail is not secure and there is also a risk that it may be corrupted in transmission. It istherefore your responsibility to check this email(and any attachment) carefully and if there are any errors tocontact us immediately. We do not accept liability for any loss or damage caused by such lack of security ortransmission errors.
Liability Limited by a scheme approved under Professional standards Legislation.________________
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From: Hunter, Russell (DPIPWE)To: [email protected]: Conway, Mary Lou (DPIPWE); Andrewartha, Rod (DPIPWE); Burrows, Rae (DPIPWE)Subject: Confidential - notice of welfare incidentDate: Friday, 2 February 2018 1:54:00 PM
Hi Andrew, Thanks for your time on the phone this morning. As discussed, we (Biosecurity Tasmania) would like to advise you of an incident involving horses that occurred on or about 29 January 2018. Current information indicates this occurred in the Tasmanianjurisdiction (aboard the Spirit of Tasmania). A total of 16 horses died (out of 18 horses in the trailer) while en route from Tasmania to New South Wales. The issue has been drawn to the attention of authorities (primarily the Chief Veterinary Officers) in each of Tasmania, Victoria and New South Wales. Biosecurity Tasmania will handle the investigation of this incident at this stage, but we may be in touch to seek assistance. Thanks for your willingness this morning to provide that assistance should it berequired. As discussed and agreed in our conversation this morning and indicated by the subject line of this email, the matter remains confidential at this stage. Don’t hesitate to get in touch if you have any questions. I’ll keep you posted as necessary. Regards, Russell.
Russell HunterProgram Coordinator (Animal Welfare, Biosecurity and Product Integrity)Biosecurity Operations Branch | Biosecurity TasmaniaDepartment of Primary Industries, Parks, Water and Environment E: [email protected] | M: 0448 592 605 | P: 03 6165 3783 Address: 13 St Johns Avenue New Town Tasmania 7008Mail: GPO Box 44 Hobart TAS 7001
Keep yourself up to date on Biosecurity in Tasmania…Web: www.dpipwe.tas.gov.au/biosecuritySubscribe to Tasmanian Biosecurity Advisories or
Biosecurity Tasmania
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mailto:[email protected]:[email protected]:[email protected]:/O=CONNECT/OU=First Administrative Group/cn=Recipients/cn=DPIPWERandrewarthamailto:[email protected]:[email protected]://www.dpipwe.tas.gov.au/biosecurityhttp://biosecurityadvisory.dpipwe.tas.gov.au/Pages/Subscribe.aspxhttps://www.facebook.com/pages/Biosecurity-Tasmania/134465243299011
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From: Klumpp, Lloyd (DPIPWE)To: Andrew ByrneCc: Burrows, Rae (DPIPWE); Hunter, Russell (DPIPWE)Subject: Talking pointsDate: Tuesday, 17 April 2018 12:44:01 PM
Hi Andrew, Thanks for the discussion this morning re the Polo pony investigations. I believe that Peter Westand Ray Kruse had been briefed periodically about the case. As agreed, we will set up a regularmeeting between RSPCA and BT to brief each other on current cases and to work through anyoperational issues that may arise from our activities. Below are the talking points we briefly discussed for your use to clarify media questionsregarding the case.
· I have now been fully briefed by the department on the ongoing investigation(noting that the RSPCA has been kept updated from the outset).
· I am confident that a thorough and professional investigation is beingundertaken by the Department
· It is a complex investigation that covers Tasmanian, Australian Maritime SafetyAuthority, Victorian and NSW jurisdictions.
· Unfortunately, these types of complex legal investigations can take time but itis critical that time is taken to do them methodically and thoroughly.
· Based on the information provided to me, I am confident that his was anisolated incident and there is no cause for concern for the movement of horsesacross Bass
The last dot point is an important message we have tried to convey. I am happy for our team to share any detail of the case with you and your Chief Inspectorunderstanding the confidential nature and legal implications associated with the information. Regards Lloyd
Dr. Lloyd KlumppGeneral Manager, Biosecurity TasmaniaDepartment of Primary Industries, Parks, Water and Environment
Phone 03 61653077
Mobile 0407060922Fax 03 6233 6386
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