The man who bought Oscar the cavoodle has informed a court docket he solely gave up custody of the Instagram-famous pooch as a result of he couldn’t afford to combat a embellished barrister who referred to herself because the canine’s “mommy”.
Mark Gillespie informed the Federal Court on Monday that he was nonetheless upset about having to surrender his beloved pet to Gina Edwards and her husband Ken Flavell in 2021.
He agreed with barrister Dauid Sibtain that he was going through “financial pressure” and couldn’t proceed with the massive authorized bills.
“I was very distraught. It was my dog and I loved him,” Mr Gillespie stated.
“I was very angry that Ms Edwards was able to do this to me.
“I was very upset, angry and missed the part of my family that I had.”
Asked how lengthy that upset continued, Mr Gillespie replied: “It still does today.”
Ms Edwards is suing A Current Affair and journalist Steve Marshall for defamation over the 2021 reporting of her custody battle with Mr Gillespie.
Mr Gillespie had purchased the canine in 2016 and registered Mr Flavell because the “secondary contact”, he informed the court docket.
However, the couple beforehand described Mr Flavell because the secondary proprietor throughout their respective testimonies.
Mr Gillespie insisted there was no sharing of possession of Oscar and referred to it as a “dog sitting arrangement”.
He additionally stated he had no recollection of claiming they’d cut up prices, noting he paid for vet care and different bills, however conceded the couple did pay for costumes and another issues.
Mr Gillespie additionally denied underneath cross-examination that Oscar, who price greater than $2000, was an impulse buy.
When it was put to him that the trio and Oscar have been like a household, Mr Gillespie stated they “looked after” the canine.
“We were good friends and close,” he stated.
Mr Gillespie admitted Ms Edwards described herself as Oscar’s proprietor at some events and the opera, however he didn’t take into account her to be a co-owner.
“I am Oscar’s owner. They were friends that were looking after Oscar. I never referred to them as his owner,” he stated.
Asked if he ever referred to them as Oscar’s mother and father he stated: “Parents, mommy, pappy — toy names.”
Mr Gillespie additionally agreed he had stated Oscar had “two daddies and one mommy”.
In May 2018, Mr Gillespie’s kinfolk started caring for Oscar at a property in Wingello, within the NSW Southern Highlands, whereas he was working away as a cruise ship director.
He stated he informed Mr Flavell he was going to maneuver Oscar to Wingello as a result of he was going to be working at sea.
“He was upset … I said Oscar’s my dog, he’s going to go stay with family,” Mr Gillespie stated.
He stated he didn’t recall the couple telling him he couldn’t transfer the canine to Wingello however famous they have been disillusioned along with his determination.
Mr Gillespie stated it was agreed the couple might proceed to see Oscar.
Ms Edwards and Mr Gillespie later had a confrontation in July that yr over Oscar’s care association, with the court docket beforehand listening to proof from her and Mr Flavell about it.
They each informed the court docket they have been involved Oscar was not being effectively cared for by Mr Gillespie’s brother and sister-in-law in Wingello, saying he was not being groomed, walked or fed correctly.
On Monday, Mr Gillespie testified about his recollection of their “argument” on the couple’s Kirribilli house.
“I was dropping Oscar off for a three or four-day trip that I had to do,” he stated.
“Gina was asking about my decision and why I made the decision to have Oscar at Wingello.
“I said … he’s my dog. I want him to be with family.
“Gina’s response was, ‘What does your family have to do with any decisions about Oscar?’
“I said they have every reason to be involved. I’m leaving him in their care so of course they get a say in what happens with his future.
“She started berating me, like being a lawyer and barking back at me.
“It went backwards and forwards, and then I yelled back at her.
“In the end, after I reached my limit of being bashed up by her, I said ‘keep the f***ing dog for now’.”
Under cross-examination, it was recommended to Mr Gillespie that he didn’t say “for now”.
“I believe I said it,” he replied.
Mr Gillespie stated he and Ms Edwards didn’t communicate for a few weeks after that as a result of she was “too emotional and didn’t want to talk”.
He stated Mr Flavell informed him he was disillusioned with what occurred and he ought to “leave it alone for a while”.
Ms Edwards later emailed Mr Gillespie a “long apology”.
He stated he was happy issues have been resolved and was “happy to move forward with visits”.
Ms Edwards beforehand testified that there have been “a lot of things” she wrote within the e mail that have been untruthful.
“I was not ashamed, or embarrassed, or humiliated,” she stated.
“I was told to say that because it would appeal to him because of his personality profile.”
Asked if the road was true when she stated she noticed his facet of the problem 100 per cent, she stated no and famous he had screamed and scared her in the course of the confrontation.
“I definitely was not telling the truth there. I did not see his side at all,” she stated.
Mr Gillespie’s sister-in-law Simona Angeli beforehand testified that her household “loved and adored” Oscar.
She rejected the suggestion they didn’t take excellent care of the canine.
Ms Angeli stated he was walked recurrently and had a giant yard to run round in, and she or he would brush him at the very least twice per day.
Mr Gillespie additionally testified about Oscar’s involvement in a actuality tv present referred to as Pooch Perfect in late 2019 whereas he was away at sea.
He agreed the tv look would enhance Oscar’s Instagram profile, so he supported it.
But Oscar was not returned to Wingello after his look on the present.
“I was sent an email with a statement of claim,” Mr Gillespie stated.
“I contacted the family straight away.”
That prompted his brother and sister-in-law to go to the police to report Oscar as stolen.
“They video chatted with me so I could prove that I was the owner of the dog,” Mr Gillespie stated.
In November 2021, consent orders have been lastly made to present Oscar to Ms Edwards and Mr Falvell.
The listening to earlier than Justice Michael Wigney continues.
