A man has told a Sydney court his cavoodle was “stolen” by a friend while he was on a cruise ship overseas, and he believed the dog had gone for a temporary visit until he was emailed court documents seeking ownership.
Mark Gillespie gave evidence in the Federal Court in Sydney on Monday in a defamation case brought by his former friend, barrister Gina Edwards, against Nine’s A Current Affair.
Oscar the cavoodle pictured at an event for opera production La Boheme in 2018.Credit: James Alcock
Edwards argues two A Current Affair broadcasts in May and June 2021, and their associated online stories, defamed her by making numerous incorrect claims, including that she is “a thief who stole Oscar the cavoodle”.
Nine denies Edwards was defamed in the broadcasts, but if the court disagrees, the broadcaster will argue the defences of truth and contextual truth.
Gillespie told the court he bought Oscar the cavoodle in 2016 and introduced the dog to Edwards and her husband Kenneth Flavell, with the couple agreeing to sometimes look after the dog.
He said the dog regularly stayed with Edwards and her husband and described Oscar’s lavish lifestyle, including wearing clothing, attracting a following on Instagram, and winning a competition to appear in the opera La Boheme, for which the cavoodle wore a tuxedo.
Barrister Gina Edwards (centre) outside the Federal Court in Sydney last week.Credit: Nick Moir
Gillespie said Edwards threw a party on the day of Oscar’s starring role and seemed to spare no expense, with French macarons, a photoshoot and a stretch limousine.
He said tension emerged when he took a contract to work on cruise ships and informed Edwards and Flavell that he would be leaving Oscar with relatives at Wingello in the NSW Southern Highlands.
Gillespie said he had an argument with Edwards in July 2018 when he dropped off Oscar to stay with her, and she questioned his decision and “started berating me”. He said the argument culminated in him shouting “keep the f---ing dog for now”.
He said he believed Edwards and her husband had “a right to see Oscar” because they were “family” and had shown love towards him for years, so he facilitated them picking up the dog for stays in Sydney.
On one of these occasions – December 16, 2019 – he said he was “in the Caribbean somewhere” and believed Oscar had gone with Edwards to appear in the television show Pooch Perfect, but “Oscar was not returned”.
“I was sent an email with a statement of claim ... she was not returning the dog,” Gillespie said.
“I called the family and tried to work out what we needed to do ... as we all said ‘well, she’s stolen the dog’, they wanted to go to the police – which I agreed to.”
The civil proceedings launched by Edwards were eventually resolved in the NSW Supreme Court in November 2021, when consent orders were made declaring Edwards to be Oscar’s owner.
Gillespie was asked by Nine’s barrister Dauid Sibtain, SC, why he agreed to these orders.
“Did it have anything to do with financial pressure?” Sibtain said.
“Yes,” Gillespie said. He agreed with Sibtain’s suggestion that he had incurred large legal expenses and could not afford to continue with the proceedings.
“How did it make you feel, giving up ownership of Oscar?” Sibtain said.
“I was very distraught,” Gillespie said. “It was my dog, and I loved him. I was very angry that Ms Edwards was able to do this to me. So I was very upset, angry and missed a part of my family that I had.”
He said he made contact with a reporter from A Current Affair and arranged to go to a park where he believed Oscar would be.
The eventual broadcast depicted Gillespie grabbing Oscar from a Kirribilli park and saying “I’m just collecting my property, thank you” before moving quickly away as a distraught Edwards ran after him shouting.
The court previously heard that police were called, and Gillespie handed Oscar back.
The hearing continues.
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