‘Very distraught’: Instagram-famous cavoodle owner shares pain at giving up custody

The former owner of Instagram-famous cavoodle Oscar has described how “angry and upset” he was to lose custody to a decorated barrister.

The man who purchased Oscar the cavoodle has told a court he only gave up custody of the Instagram-famous pooch because he could not afford to fight a decorated barrister who referred to herself as the dog’s “mommy”.

Mark Gillespie told the Federal Court on Monday that he was still upset about having to give up his beloved pet to Gina Edwards and her husband Ken Flavell in 2021.

He agreed with barrister Dauid Sibtain that he was facing “financial pressure” and could not continue with the large legal expenses.

“I was very distraught. It was my dog and I loved him,” Mr Gillespie said.

“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 long that upset continued, Mr Gillespie replied: “It still does today.”

Gina Edwards (left referred to herself as Oscar’s “mommy”. Picture: NCA NewsWire/Christian Gilles

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 bought the dog in 2016 and registered Mr Flavell as the “secondary contact”, he told the court.

However, the couple previously described Mr Flavell as the secondary owner during their respective testimonies.

Mr Gillespie insisted there was no sharing of ownership of Oscar and referred to it as a “dog sitting arrangement”.

He also said he had no recollection of saying they would split costs, noting he paid for vet care and other expenses, but conceded the couple did pay for costumes and some other things.

Mr Gillespie also denied under cross-examination that Oscar, who cost more than $2000, was an impulse purchase.

When it was put to him that the trio and Oscar were like a family, Mr Gillespie said they “looked after” the dog.

“We were good friends and close,” he said.

Mr Gillespie admitted Ms Edwards described herself as Oscar’s owner at some parties and the opera, but he did not consider 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 said.

Asked if he ever referred to them as Oscar’s parents he said: “Parents, mommy, pappy — toy names.”

Mr Gillespie also agreed he had said Oscar had “two daddies and one mommy”.

In May 2018, Mr Gillespie’s relatives began caring for Oscar at a property in Wingello, in the NSW Southern Highlands, while he was working away as a cruise ship director.

He said he told Mr Flavell he was going to move Oscar to Wingello because 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 said.

He said he did not recall the couple telling him he could not move the dog to Wingello but noted they were disappointed with his decision.

Mr Gillespie said it was agreed the couple could continue to see Oscar.

Ms Edwards and Mr Gillespie later had a confrontation in July that year over Oscar’s care arrangement, with the court previously hearing evidence from her and Mr Flavell about it.

They both told the court they were concerned Oscar was not being well cared for by Mr Gillespie’s brother and sister-in-law in Wingello, saying he was not being groomed, walked or fed properly.

Nine’s barrister Dauid Sibtain called Mr Gillespie to give evidence on Monday. Picture: NCA NewsWire/Damian Shaw

On Monday, Mr Gillespie testified about his recollection of their “argument” at the couple’s Kirribilli home.

“I was dropping Oscar off for a three or four-day trip that I had to do,” he said.

“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 (verbally) bashed up by her, I said ‘keep the f***ing dog for now’.”

Under cross-examination, it was suggested to Mr Gillespie that he did not say “for now”.

“I believe I said it,” he replied.

Mr Gillespie said he and Ms Edwards did not speak for a couple of weeks after that because she was “too emotional and didn’t want to talk”.

He said Mr Flavell told him he was disappointed with what happened and he should “leave it alone for a while”.

Ms Edwards later emailed Mr Gillespie a “long apology”.

He said he was pleased things were resolved and was “happy to move forward with visits”.

Ms Edwards previously testified that there were “a lot of things” she wrote in the email that were untruthful.

“I was not ashamed, or embarrassed, or humiliated,” she said.

“I was told to say that because it would appeal to him because of his personality profile.”

Barrister Gina Edwards with Oscar the cavoodle. Ms Edwards has launched defamation proceedings against A Current Affair over their reporting of a custody dispute involving Oscar. Picture: Supplied

Asked if the line was true when she said she saw his side of the issue 100 per cent, she said no and noted he had screamed and scared her during the confrontation.

“I definitely was not telling the truth there. I did not see his side at all,” she said.

Mr Gillespie’s sister-in-law Simona Angeli previously testified that her family “loved and adored” Oscar.

She rejected the suggestion they did not take good care of the dog.

Ms Angeli said he was walked regularly and had a big backyard to run around in, and she would brush him at least twice per day.

Mr Gillespie also testified about Oscar’s involvement in a reality television show called Pooch Perfect in late 2019 while he was away at sea.

He agreed the television appearance would boost Oscar’s Instagram profile, so he supported it.

But Oscar was not returned to Wingello after his appearance on the show.

“I was sent an email with a statement of claim,” Mr Gillespie said.

“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 said.

In November 2021, consent orders were finally made to give Oscar to Ms Edwards and Mr Falvell.

The hearing before Justice Michael Wigney continues.