Snakes org is owned by Australia’s Snake Man – Raymond Hoser.

Raymond Hoser owns Snakebusters, Australia’s best reptiles displays and shows.

(What follows is correct as of 9 March 2012)

On 9 March 2012, the Victorian DSE put the lives of Victorians at risk by closing down the State’s leading wildlife education company, by revoking their operating permits.

The decision was upheld by a biased VCAT judge who in turn acted in contempt two decisions by other VCAT judges.

As a result, Snakebusters is fighting on the overturn the illegal decision, which contravenes several relevant laws.

Simultaneously, Snakebusters is seeking to have staff take over the statutory licence functions, enabling Snakebusters to continue.

Snakebusters retains interstate licence rights due to posession of relevant permits in those states not dependent on Victorian licences.

A summary of the legal history is below:

The “compliance branch” and others at the Victorian Department of Sustainability and Environment (DSE) have engaged in certain activities, that the DSE have traditionally regarded as legal and allowable for all displayers, while prosecuting Raymond Hoser Hoser (Snakebusters) for, including:

1 – Displaying venomous snakes without a barrier or “pit” (which has never been defined in any way by the DSE) between the snake and the person and at a distance of less than three metres, more than one venomous snake being held at a time or on display at a time and allowing the public to hold venomous or dangerous reptiles (the last condition of which Hoser was never alleged to have breached, although Zoos Victoria regularly do).

2 – Allowing the public to hold non-venomous reptiles, frogs and other innocuous creatures, which is an activity almost all displayers do daily in Australia, including Zoos Victoria at both Healesville and Melbourne, as does DSE Port Phillip, who have charged Hoser with the same!

Summary:

The “compliance branch” and others at the Department of Sustainability and Environment (DSE) have engaged in certain activities, that the DSE have traditionally regarded as legal and allowable for all displayers, while prosecuting Raymond Hoser Hoser (Snakebusters) for, including:

1 – Displaying venomous snakes without a barrier or “pit” (which has never been defined in any way by the DSE) between the snake and the person and at a distance of less than three metres, more than one venomous snake being held at a time or on display at a time and allowing the public to hold venomous or dangerous reptiles (the last condition of which Hoser was never alleged to have breached, although Zoos Victoria regularly do).

2 – Allowing the public to hold non-venomous reptiles, frogs and other innocuous creatures, which is an activity almost all displayers do daily in Australia, including Zoos Victoria at both Healesville and Melbourne, as does DSE Port Phillip, who have charged Hoser with the same!

With the ultimate aim of improperly removing a (superior) competitor (and person they have a long-standing hatred for) from the marketplace in the most serious breach of their position’s rules and competitive neutrality.

NOTE: Where quotes are made or referred to, we posess all relevant documents, letters, emails, transcripts, recordings, photos, screen dumps, etc to confirm the same. There is no need to believe a “word” Raymond Hoser says to readily establish the truth by these independent means and see that it corroborates entirely with what follows (see examples of key documents at end of this document, that alone substantiate all key points within).

SYNOPSIS:

Various sections of the DSE and their controlled entity “Zoos Victoria”, who also engage in live wildlife displays, including the enforcement branch themselves (DSE Port Phillip) are the major competitor of Snakebusters and also their regulator, which is an untenable situation when abused by them as has happened.

In 2007 – Hoser alone (in the first instance) and then all other displayers were told that they could no longer do (1) above, and that the rules would be “applied equitably” (see DSE letter).

The rules, first imposed against Hoser were implemented solely to remove the “unfair advantage” (their words), that Hoser had by being the only person in Victoria with surgically devenomized (venomoid) snakes, guaranteeing handler and public safety.
After Hoser complained about the rules being imposed only on him, a second letter was sent to all demonstrators advising all to comply with the new conditions.

To comply with (1) Hoser bought a “pit” as directed by Ron Waters of DSE, which he chose never to define in writing, at a cost of $5,000, and was (alone) directed by Ron Waters to spend $5,000 microchipping his snakes.

Hoser’s compliance with (1) and (2) above was confirmed in writing by DSE in 2007 and VCAT in 2008 (see judgement), the latter confirming the ongoing (and current) legal position of (1) and (2) from 2007 to 2012.

In 2010 – Hoser was charged in relation to both (1) and (2), after being covertly filmed in 2009, the latter being letting people hold non-venomous reptiles. The claim being that this mere act, put wildlife “at risk of theft”, in itself a breach, regardless of any other security present and even when nothing is stolen as was the case in these displays.

Melbourne Zoo and other displayers breached (1) and did (2) regularly and were never charged.
In 2011 – County Court Judge Campton found DSE at fault for not defining a “pit” but Hoser was fined in relation to (2), for which no defence was given.

In late 2011, DSE in a letter confirmed Hoser could legally do (2), but that’s what he’d been charged and convicted of.

In 2012 on the basis of a conviction/s for (1), based on DSE changing their mind about the barriers they had directed Hoser to buy (and not informing him of this change of mind before charging him) (the new claim being the barriers did not constitute a still undefined “pit”) and a conviction/s for (2), Hoser had his permits cancelled by VCAT Judge Pamela Jenkins on 9 March 2012, on the basis of the convictions (as was their right under the wildlife act), enabling Zoos Victoria to remove what they had deemed to be a growing successful competitor.

In other words Hoser had in fact only been found guilty of letting people hold non-venomous reptiles and for this heinous and for everyone else legal (crime), he has been fined $12,000, legal costs in excess of $70,000 and lost his licence and income, with this total in excess of $100,000.

In terms of (1), the DSE was found at fault by the County Court Judge (refer to transcript and judgement).

Notable in terms of (1), it is noteworthy that in 2008, VCAT Judge Coghlan in her judgement stated that Hoser was allowed to let people hold non-venomous reptiles and yet he was charged in 2010 for exactly that! More noteworthy is that immediately after the conviction for same in 2011, DSE twice wrote to Hoser saying that letting people hold non-venomous reptiles was allowed.

Hoser seeks:

1 –DSE and Zoos Victoria to be found guilty of breaching safety rules, rules of administration by failing to define a “pit”, (still undefined as of this date) and competitive neutrality rules (as shown in the images of their displays) and by the conduct of both entities and their staff.

2 – Hoser’s licences to display reptiles restored and compensation for losses arising for their abuse of processes to effectively create rules and entrap him (by deliberately failing to define or advise in terms of them) AND a cessation of the harassment and unfair treatment.

Relevant documents are provided here. Many other examples are not, but are available.

A more detailed dates chronology is below:

DSE/Melbourne Zoo’s ongoing war against Snakebusters - Key points –

• Raymond Hoser, reptile expert with over 40 years verifiable expertise, including major books and over 200 major papers, species discoveries, etc, all widely cited by others in reputable publications.
• Raymond Hoser first licenced with reptiles in 1973.
• Hoser published the books “Smuggled” in 1993 and “Smuggled-2” 1996, that both adversely named numerous DSE officers.
• Hoser first issued a wildlife demonstrators (display) permit in Jan 2004.
• March 2004, Hoser published a major paper in “Herptile” announcing that all his snakes used in displays were devenomized, (venomoid) and therefore risk free! Snakebusters business boomed as a result at risk-averse venues such as shopping malls.
• 2005 – Ex Zoos Victoria employee, Simon Watharow sets up a reptile display business called “Company X” with newly issued DSE Demonstrator’s permit,
• 1 July 2005 - Franciscus Scheelings a vet at Healesville Sanctuary (Zoos Victoria) publishes an attack in “Crocodilian” on Hoser and his venomoids, replete with false and misleading statements. He said “In reality venomous snakes are dangerous animals and if they cannot be handled safely without harm to either the animal or the handler then they should not be kept.” This is reposted by Shane Hunter in 2006 (see below) on a site calling for Hoser’s business to be shut down

· Feb 2006 – Mike Taylor a reptile keeper at Healesville Sanctuary (Zoos Victoria) attacks a Snakebusters display at the Healesville Timber Festival and is ejected by security at the event.

• 2006, (First name X) Sean McCarthy / calling himself "Snakehandler" (with no prior record of experience in terms of reptiles), took over “Company X” after Watharow nearly died from Tiger Snake bite.
• Sean McCarthy / calling himself "Snakehandler", a close friend of DSE enforcement boss Glenn Sharp, tells them to close down Snakebusters, including by sending them e-mail directing them to do so.
• As a result, Hoser was raided at home by DSE in 2006 and no offences detected.
• In June 2007 Hoser was ordered by DSE to purchase a “pit” (barriers) to comply with newly enacted rules (see above) to remove his “unfair advantage” (DSE’s words at VCAT), over competitors.
• Hoser writes to DSE for a written definition of a “pit” in order to determine how to comply with the new rules and Ron Waters of DSE refuses to give one, because he didn’t want the others in the business to have to change the way they do things. Instead he orders Hoser to “get what they have” and have something preferably better than the minimum “pole on rope”.
• Hoser spends 5K on barriers to comply and effectively the same as used by Sean McCarthy / calling himself "Snakehandler" (as a pit for venomous snake shows).
• July 2007 – DSE/Tom Thuys sees Hoser show at Greensborough Plaza, with relevant “pit” barriers and fully approves of them in writing (that is the barriers, etc).
• End 2007 – At the formal request of Helen McCracken at Melbourne Zoo, DSE secretly has venomoid surgery outlawed. Hoser first made aware of it via a post by Shane Hunter on his “www.aussiereptilekeeper.com.au” “hate” website.
• In 2007, Hoser applied to DSE, then VCAT for removal of the pit rule on himself as his snakes were all devenomized, safe and therefore not in need of being blocked from the public. DSE argued Hoser had an “unfair advantage” against other licenced displayers who daily played Russian Roulette with themselves and the public with their venomous snakes as an excuse to maintain the pit rule on him.
• 2007-2008, in the lead up to VCAT, DSE invented a false claim that the devenomized snakes had regenerated venom, to which Hoser produced videos of himself taking bites from devenomized Taipans and the like to prove they were safe. DSE forces Youtube and the media not to play the videos.
• In late 2008, and on the basis of false evidence from Zoos Victoria veterinary surgeon, Helen McCracken (stating that devenomized snakes may regenerate venom) Hoser lost the VCAT application (“necessary” was the legal term in question), and he had to continue as was and use the 5K scizzor barriers.
• On instruction from DSE, the VCAT Judge Coghlan (very hostile to Hoser) also wrote “His licence allows him to pass around and let people handle his non-venomous species, and to demonstrate more than one non-venomous snake at any time.” And on another page of her judgement she wrote: “For clarification, he is able to hand non-venomous species to the public to handle”.
• At VCAT, DSE lawyer Greenham says Hoser is delusional to say that DSE had created a situation whereby dozens of people could die in a major bushfire event. Coghlan agrees with Greenham.
• Jan 2009 – Hoser sends a newly licenced Queensland-based demonstrator,Tony Harrison of Queensland (a close frind of Ron Waters of DSE and (First name X) Sean McCarthy / calling himself "Snakehandler") a “cease and desist” letter for using the snakeman trademarks to steal Hoser clients via a “Search engine optimized” (SEO) website, (top of Google) which he was in turn diverting to Sean McCarthy / calling himself "Snakehandler" (refer to Harrison’s facebook pages). Harrison undertakes to comply but he doesn’t. He had come to number one on search engines in about December 2008 as a result of backlinks he started to create in about August and continued to create them on a near daily basis for the next two years to May 2011.
• 30 Jan 2009 – Ron Waters was taped saying that the Hoser barriers complied to the letter of the law.
• 7 Feb 2009 – Black Saturday bushfires. 172 people killed.
• 12 Feb 2009 – Sam the Koala video and images emerges in the Murdoch and other media, major marketing and promotion campaign begins. (It was a bootleg and fraud perpetrated by DSE employees and others and later involved a Koala swap/sex change, and illegal fundraising of over $700,000 without a permit).
• Late 2009 – DSE officer, Doug Winckle interviews Hoser over his pit barriers, and threatens to charge Hoser (based on covertly taken photos at four venues).
• Late 2009 – After no less than 3 near fatal snakebites involving Healesville Sanctuary keepers, the widely posted Schillings paper attacking venomoids (see above) is quietly removed from the web. Healesville OH and S staff demand they get venomoids or get rid of venomous snakes. (In 2012 a clearly venomoid Taipan is posted on their website).
• Jan 2010 – DSE Officer Tom Thyuss says Hoser will not be charged as all other displayers use the same barriers or less and it’d be unfair to charge just Hoser, especially when his “elapid” snakes are devenomized and safe while everyone else’s are in fact highly dangerous.
• Feb 2010 – Hoser publishes AJH Issue 8, detailing the Sam the Koala fraud by DSE staff, after the Black Saturday fiasco.
• Feb 2010 – Sharon Webb DSE phones Hoser and threatens to sue him if he continues distributing had copies of AJH issue 10, (which he does) or fail to remove the online copy.
• June 2010 – Hoser charged by DSE over barriers and added charge “risk of theft of reptiles”.
• June2010 – Hoser again asks in writing for a written definition of a pit. None given. This was first of several attempts by Hoser to get written instructions, both through DSE direct, (Ron Waters – see his relevant email from him), Ryan Smith, at first the local MP and then Minister for DSE.
• June 2010 – Glenn Sharp taped stating that he knew all Hoser’s venomoids were safe. Said charges were laid in revenge for earlier acts by Hoser including avderse statements about DSE on his website and his ownership of devenomized snakes.
• Mid 2010 – Ryan Smith says that if elected to government, he will stop the DSE charges against me. On election he reneged on the promise (we have the relevant e-mails).
• 20 November 2010 – Dane Bender arrested after stealing a Diamond snake from Snakebusters at the Mansfield show. Makes full admissions, including that he was acting for (First name X) Sean McCarthy / calling himself "Snakehandler". Police proceed with charging him, but later stop proceedings on direction of Sean McCarthy / calling himself "Snakehandler"’s friend, Glenn Sharp of DSE.
• Jan 2011 – Company X employee Paul Fisher carted to hospital for a Brown Snake bite. DSE not concerned about safety incidents with this company.
• Feb 2011 – Magistrates court hearing, Hoser fined $33,000, for not having a “pit” and risk of theft identified as merely the act of letting a person hold an animal, (as previously allowed by DSE and VCAT – see above).
• DSE Barrister Sam Bird successfully convinces magistrate of his claims Hoser knew venomoids were a danger to kids because Hoser was not able to produce a single video of such snakes biting a child.
• Feb 2011, Hoser again writes to DSE seeking clarification of a pit. DSE receive letter (acknowledged) and then ignore it. Likewise for a file of photos of other displayers including Zoos Victoria breaking all relevant rules at their displays.
• April 2011 – Camilla Martin, a Zoos Victoria employee was busted at Barkly Square mall Brunswick attempting to steal a python from a Snakebusters display. The incident was later confirmed by Sean McCarthy / calling himself "Snakehandler" in a facebook post. Which obviously confirmed their relationship.
• May 2011 – After no less than four “cease and desist” letters and Tony Harrison failing to comply, Hoser approaches “Google” and shuts down over 800 Harrison controlled, “Youtube” sites carrying backlinks to Harrison’s site. As a result his site no longer ranks “1” for “snakeman/snake man” searches, re-diverting at least one booking a day back to Hoser and the same away from Sean McCarthy / calling himself "Snakehandler", who had been getting the work from Harrison.
• May 2011 – within a week and with the support Sean McCarthy / calling himself "Snakehandler" and others, Harrison sets up a “Ray Hoser Melbourne’s biggest Wanker” facebook page (closed down after about a month) and as seen from posts here and on his own facebook page, both commence a campaign of harassing the media to do a hatchet job on Hoser. They also continually call for people to commit acts of crimes, theft and violence against Snakebusters displays.
• June 2011 – On the “Ray Hoser, Melbourne’s biggest wanker facebook page”, Harrison identifies as his contact with the DSE, Ron Waters, recently moved to Melbourne Water, but still in the DSE camp (according to him), planning to have Hoser shut down in September 2011.
• June 2011, DSE state in County Court in front of Judge Rozenes that the case against Hoser re theft is “the act of allowing a person to hold a non-venomous reptile”.
• July 2011 – At daughter’s request, Hoser films his daughter taking venomoid snake bites at Melton Woodgrove Mall to prove and confirm they are safe and risk free. This also refutes the DSE lawyer’s false claims made in court the previous February.
• July 2011, Hoser pleads guilty to 9 charges on the basis that DSE do not claim venomoids are unsafe or move against his wildlife display licence.
• 4 August 2011 Judge Campton finds against DSE on barriers for failing to define them and drops fine to 12K for the “the act of allowing a person to hold a non-venomous reptile”.
• 4 Aug 2011 – Hoser seeks a Sect 28A exemption from DSE for “pits” as used and convicted for and “hold the animals” on basis all other displayers do both and have not been charged (see DSE’s letter to Hoser of 2007 where all were supposed to be treated equitably).
• 5 Aug 2011 – DSE put out a false and defamatory media release alleging Hoser was fined for putting people’s lives at risk. Also attacks Hoser “snakeman” trademarks both in release and by aggressively backlinking to the resulting news story by Murdoch reporter Anna Prytz.
• 10 Aug 2011 – News Ltd journalist, Anna Prytz releases Hoser video of Hoser (12 YO) daughter taking bites from venomoids to prove they have not regenerated venom, media hatchet job arranged by Harrison, DSE and allies on day. Harrison and a DSE authorised man call for Hoser to be shut down immediately.
• 10 Aug 2011 – On instruction of DSE, both Hoser children were arrested and frogmarched out of classrooms at school (one at a time) by police and DHS officers who then interrogated and traumatized them. DHS officers later said they’d been misled by the DSE who had ordered them to arrest “the wrong one” (the ten year old as misreported by Prytz).
• 10 Aug 2011 – As a result of false and defamatory media attacks, notably the false and defamatory statements by Tony Harrison on “Today Tonight”, Terri Irwin of Australia Zoo writes to DSE and tells them to close Hoser down. She also e-mails Hoser this fact.
• 17 August 2011, DSE do 11 man, 9 hour armed raid Hoser’s business, smash things, trauamatise kids, terrorize family, kill and injure snakes, seize all computers, wreck computer scanner, wreck cars, etc and close down Snakebusters with legal notice. Sharp, who makes a series of anti-semitic comments also says he was acting at the behest of Terri Irwin.
• 17 August 2011 – Before the raid was completed, DSE send out a media release telling of Hoser’s Snakebusters business being closed. Hundreds of clients cancelled bookings.
• 17-22 August – Emily Gibson of DSE calls most if not all Hoser customers and tells them to book elsewhere, hundreds of clients cancel bookings.
• August 2011 – Rod Warren of DSE was quoted by the newspapers stating that the “convictions alone” were being relied upon as grounds to cancel Hoser’s licence on 17 August 2011.
• 22 August 2011, VCAT orders DSE to restore Hoser’s licence pending full hearing in Feb 2012.
• 22 September 2011, DSE’s Simon Smith writes to Hoser stating “Under the current conditions of your wildife demonstrator licence (Licence), regulation 42(h) of the Wildlife Regulations 2002 sets out that members of the public may already handle all wildlife except dangerous or venomous wildlife.” – which was the very act (handling wildlife) being exactly what the DSE had charged Hoser and convicted Hoser of!
• In October 2011, Rod Warren of DSE viewed images of barriers the same as Hoser was convicted of (or cases of no barriers at all, with snakes less than three metres from the public), but with other displayers, including Zoos Victoria and their venomous snakes and he wrote in reply “no offences have been committed”.
  The relevant images are posted at:
  http://www.smuggled.com/DSE-corruption-protection-of-illegal-practices-by-wildlife-displayers-Victoria-Australia-2011-1.pdf
• Jan 2012 – A clearly venomoid Taipan is shown on the Zoos Victoria website.
• Dec/Jan 2012 – Under various user-names, including “ozwildlifeimages” and “hoplophile” Ron Waters of DSE makes numerous posts on internet chat forums derogatory and hostile to Hoser, without identifying himself by name or as being with DSE or Melbourne Water.
• 11 Jan 2012, DSE Port Phillip, (who prosecuted Hoser), posted on their own facebook pages, photos of their own reptile display (operating in direct competition to Snakebusters) letting people hold the animals (what they charged and convicted Hoser of), see the screen dump of the page, still online as of 16 March 2012.
• Feb 2012 – VCAT hearing in front of Judge Pamela Jenkins. DSE did a hatchet job on Hoser claiming 1/ Venom gland regeneration (the basis of which was an anonymous internet blog post tendered by McCracken as the entirety of her evidence), 2/ No educational value in Hoser shows (a bar table claim, from Barrister Sam Bird, who had never seen a Snakebusters show) and 3/ that Hoser is a serial and deliberate offender (no actual proof of this). Jenkins was openly hostile to Hoser in the hearing giving little hope of a reasonable outcome.
• Feb 2012 – Jenkins finds against Hoser in strongest possible terms and makes numerous false statements in her judgement. Notably she finds Dr. Funk’s evidence of no weight (he’s the undisputed world expert on venomoid surgery, refer to his statements for his expertise and credentials), she finds the anonymous internet blog post claiming venomoid regeneration of the highest credibility to find venomoids are dangerous.
• Other examples of the worthlessness of her reasoning can be seen when she fails to read earlier pages of her own judgement to make false claims about microchipped snakes (claims they can “only be” venomoid, when she herself wrote about microchipped pythons), falsely alleged no evidence of Hoser publications, when she referred to one to adversely attack Hoser in the same judgement, claimed false statements made by Hoser when alleged statement was agreed as true in the court and so on. Jenkins, cancels all permits and refuses a stay to prepare an appeal. Jenkins ignored teacher references and the like in her file (either never read them or ignored them) to say Snakebusters shows were of no educational value and a public risk (based on the anonymous blog post from “snakegetters.com”), and found Ron Waters claim he had given Hoser a detailed decription of a pit numerous times, when as late as 2010 in an email from Waters that the judge had, Waters had said he would not be defining a pit ever. Thus Jenkins cancelled all permits immediately and in spite of being told of many hundreds of pending bookings.
• From 9 March 2012 to 1 April 2012, Snakebusters have over 60 School and other bookings totalling over $30,000, 2 other full time staff are now out of work as are 8 part-timers and a successful green business is closed.
• 8 June 2012 - Supreme Court of Appeal reverses the illegal cancellation of Snakebusters permits by VCAT Judge Pamela Jenkins - it is now business as usual at Snakebusters!

An example of relevant documents in our file that shows clear breaches of rules by the DSE, when cross-referenced and harassment, victimisation and criminalization of Snakebusters:

March 2007 – (Letter) DSE sends letter to all demonstrators saying new licence conditions, AKA “the “pit” rules” and others will be enforced “equitably” among all demonstrators.

3 July 2007 – (email) DSE compliance officer Tom Thuys sends e-mail to Hoser confirming Hoser’s barriers are legal as a “pit” and hands-on shows are legal and allowed.

Oct 2008 – (judgement) VCAT Judgement, Judge Coghlan writes, ““His licence allows him to pass around and let people handle his non-venomous species, and to demonstrate more than one non-venomous snake at any time.” And on another page of her judgement she wrote: “For clarification, he is able to hand non-venomous species to the public to handle”.

June 2010 – (charge sheet) In contravention of the two previous statements, DSE then charge Hoser in terms of his barriers that they now claim are not a “pit” and in contravention of the advice they gave VCAT in 2008, (letting people hold non-venomous reptiles) seen in the judgement.

30 June 2010 – (email) DSE head Ron Waters remains adamant as of that date that he will not be defining a “Pit”.

2011 – (photos with information in a pdf file) A collection of photos from online sources, showing that DSE have not prosecuted their own and other people for doing all the same things Hoser was charged with (in contravention of their own 2007 letter).

6 May 2011 – (letter) Another of many letters to DSE (this one from an MP), seeking to meet DSE to resolve issues – they refused!

9 June 2011 – (transcript) DSE confirm basis of charge against Hoser solely the act of allowing a person to hold non-venomous reptiles (contrary to what VCAT wrote in 2008)

27 July 2011 – (transcript) DSE confirm that they had never defined a “pit”, and yet charged Hoser for complying with their original demands.

4 August 2011 – (judgement) DSE directed to define a pit and yet ignores this. Points out Hoser complied with all DSE directives.

22 Sept 2011 – (letter) DSE’s Simon Smith writes that Hoser had always been allowed to hand out non-venomous reptiles and yet Hoser had been charged with this (see above).

11 January 2012 – (screen dump) DSE Posts on their own website their own people handing out live snakes to the public (for what Hoser was charged for).

9 March 2012 – VCAT Judge Jenkins, hostile to Hoser cancels all permits in contempt of two earlier VCAT rulings (see above).

Details – Raymond Hoser (Snakeman)

488 Park Road, Park Orchards, Victoria, 3114

0412 777 211 or (03) 9812 3322

http://www.snakebusters.com.au

http://www.snakeman.com.au

http://www.snakes.pro