TO: Geoff Newton, Prosecutor
Newton & Associates
192 Wyse Road
Dartmouth, Nova Scotia B3A 1M9
January 28, 2010
- WITHOUT PREJUDICE -
Re: R. v. Rogier, Case #1999882
Dartmouth Provincial Court
January 29, 9:30 am Courtroom #5
Dear Mr. Newton:
Prior to the resumption of the trial, I would like to take this opportunity to restate my position with regard to a possible change of plea and a resolution of the above matter.
This is in relation to the offer that I originally made in the fall of 2008 to HRM Animal Services, for the return of my dog, Brindi, shortly after she was seized.
In August of 2008, I proposed to undertake the following measures, which I believe to be reasonable and sufficient to satisfy the public interest:
1. Pay fines as determined by HRM and/or the Court
2. Erect a secure fenced enclosure and gated exits
3. Engage a private trainer to correct Brindi’s behavioral issue
4. Continue to comply with the muzzle order
Soon after making this offer, I went ahead and constructed a secure fenced enclosure, 5’ high and about sixty feet long, that is attached to the rear ramp, and I also added a gate to the front ramp. I took these measures in order to demonstrate that I am serious about my commitment to public safety. The ramps connect from the ground to my house, which is suspended on piers in anticipation of a new foundation. I gave photos of these areas to Joshua Judah in May of 2009, in person, at the courthouse. I informed him at the time that I am willing to allow a agent of HRM to inspect the fence, and make improvements on demand. I also informed him that it had been my plan, prior to the seizure, to construct a permanent fence at my property boundary after work on my house, i.e., new foundation, is complete.
In April 2009, Tanya Jones, acting as my counsel, restated this offer to Mr. Judah by phone, informing him that I had engaged an expert dog trainer, Ted Efthymiadis, who was willing to work with Brindi. A letter from Mr. Efthymiadis attesting to this fact, and his credentials, were provided to Mr. Judah. Attempts to meet with the latter unfortunately were not successful. Earlier, in August 2008 and October 2008, at my request, two meetings were set up with Animal Services officials so that I could present and discuss this offer with them, but at the last minute they declined to appear. Efforts to reschedule were not successful. All along, I have made the offer public via my blog, and both my counsel and I brought it up on various other occasions with Kishan Persaud.
I believe my proposal is reasonable and will satisfy the public interest. If the Crown is willing to accept it, the matter could resolved immediately, without the need of further court time and confinement of my dog, Brindi.
Respectfully,
Francesca Rogier
cc Dartmouth Provincial Court Administration
6 comments:
francesca, there are no words...
here is the poem i sent to peter kelly today;
• this dog brindi and francesca
have been put through hell
for no logical reason
as far as i can tell
the lives of these two
put to the test?
let francesca take
brindi home
and give this a rest
the injustice here
is muscles being flexed
but what is really clear
is how the world is vexed
all eyes halifax are focused
on you
please do in your hearts
what is right and true
send brindi home
to her francesca so dear
so we can finally all
dry her tears
karen lyons kalmenson
These select people in the City of Halifax who are directly responsible for this travesty are deplorable, disgusting humans. They clearly never experienced the love and devotion of a loved one throughout their lives, so through their sheer spite, malice and hate they continue to subject you, Francesca, and beautiful Brindi to this despicable treatment. It is unacceptable and unforgivable. The world is watching and we will take action should Brindi not be released to you. We will never desert you or Brindi, NEVER! I hope these monsters in Halifax who have dispayed their ugly, black souls through their vile actions pay a high price in the cycle of their respective lifetimes. What goes around eventually comes around and the wheel of fortune turns. Their time of misfortune and ill-luck is close at hand; as they sow so shall they justly reap!
Whilst I agree with most of what you say Jess, these are clearly neither people nor human, neither can HRM claim to represent the will of the people, nor NS SPCA be called worthy guardians of animal welfare. They are all evidently nothing more than self-serving, do or die egotists, hell bent on winning at all costs, regardless of the pain and suffering they cause along the way.
How they have the nerve to try and paint a glowing picture of Brindi’s prison life I don’t know. All they’re really saying is that she has all the same comforts as a prisoner on death row, but generally the latter has been found guilty by a jury of his/her peers of crimes against humanity. What are Brindi and Francesca guilty of?
Furthermore, these upstanding big brothers at HRM, who dictate how things should be for the public good, are incapable of gracefully accepting a ruling by a Supreme Court Justice, hell they won’t even listen to their own Deputy Mayor. Have they forgotten their role as Public Servants in a 1st World Democracy? Or don’t things work that way in Canada?
People of Halifax, lobby your Councilors, make sure they get the message loud and clear that they will not be voted back into office if they continue to act like modern day Hitlers. Demand they send Brindi home now. Failing that, go to court and petition the judge not overturn the previous Supreme Court ruling. Let sanity and compassion prevail.
Trish Malkoff
Johannesburg
South Africa
Has anyone seen the letter sent by Kristin William, Executive Director of the Nova Scotia SPCA to Superintendent Bill Moore, Community Projects, Halifax Regional Police? Well I attach it below.
It's evident that while "the SPCA is never in favour of euthanasia where a viable alternative exists;" (see their Letter to the Editor, REGARDING: Article dated February 5, 2010 entitled “Brindi the dog saga still not over - judge reserves decision on whether to allow SPCA to euthanize allegedly dangerous dog”) there is quite obviously a vendetta being carried out against the lawful owner. One only has to read her letter to the Public Prosecutor and the numerous letters of support from dog trainers, neighbours and dog owners in her own community to see that she is a responsible and indeed the rightful owner of this tragic animal, the owner who has been forced to spend over $50000 of her own money to try to get back what is rightfully hers, in a vain attempt to get the HRM and the SPCA to comply with a Supreme Court order. So who are the heartless bastards in HRM so desperate to save face they must spend one and a half years trying to kill one harmless dog and who are the devils in Francesca's own neighbourhood who say Brindi is a danger to their community? Let them and their pets all suffer the same fate as they have inflicted on this tragic pair.
Copy of Letter:
Superintendent Bill Moore
Community Projects
Halifax Regional Police
February 12, 2010
Bill:
In follow up to our conversation yesterday, I would like to request that the Crown Attorney in
the Rogier/Brindi case make a further submission to the court to suggest an alternative
sentence to euthanasia.
The Nova Scotia SPCA would be willing to assist HRM in making alternative arrangements for
Brindi; such as adoption to home in which her needs could be met, and the community could be
assured of public safety.
It is the Society’s belief that Brindi could be safely placed. Brindi has demonstrated over the
last 18 months that she can live peacefully and happily with a responsible owner.
Please feel free to contact me directly to discuss further.
Best Regards,
Kristin Williams
Executive Director
Nova Scotia SPCA
refer to: http://spcans.ca/news/press_releases/20100223.html
Dear Friends,
I have just read and signed the petition: ""FREE BRINDI" This dog must not be euthanized!".
Please take a moment to read about this important issue, and join me in signing the petition. It takes just 30 seconds, but can truly make a difference. We are trying to reach 6000 signatures - please sign here: http://www.thepetitionsite.com/1/free-brindi-this-dog-must-not-be-euthanized
Once you have signed, you can help even more by asking your friends and family to sign as well.
Thank you! Trish
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