The man who bought Oscar the cavoodle has told a court he only gave up custody of the Instagram-famous pooch because he couldn’t afford to fight a decorated lawyer who called himself the dog’s “mummy.”
Mark Gillespie told the Federal Court on Monday 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 lawyer Dauid Sibtain that he was experiencing “financial strain” and could not afford the high legal costs.
“I was very upset. It was my dog and I loved him,” said Mr. Gillespie.
“I was very angry that Mrs. Edwards could do this to me.
“I was very upset, angry and missed the part of my family that I had.”
Prized pooch Oscar is at the center of a bitter defamation case between Gina Edwards (pictured with Oscar) and the Nine Network’s A Current Affair over the reporting of a custody dispute between Ms Edwards and the dog’s owner and ‘co-parent’, Mark Gillespie
When asked how long that upset lasted, Mr. Gillespie replied, “It still does today.”
Ms Edwards is suing A Current Affair and journalist Steve Marshall for libel over its 2021 coverage of her custody battle with Mr Gillespie.
Mr Gillespie had bought the dog in 2016 and registered Mr Flavell as the secondary owner, with the trio acting as a family for the beloved pet, the court was previously told.
But in May 2018, Mr Gillespie’s relatives began caring for Oscar at an estate in Wingello, in the NSW Southern Highlands, while he worked as a cruise ship executive.
He said he told Mr. Flavell he was moving Oscar to Wingello because he was going to work at sea.
“He was upset… I said ‘Oscar is my dog, he’s going to stay with relatives,’” Mr Gillespie said.
Gina Edwards (left) with her legal representation, leading defamation attorney Sue Chrysanthou (right)
He said he couldn’t remember the couple telling him he couldn’t 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.
Mrs. Edwards and Mr. Gillespie later had a confrontation in July of that year over Oscar’s care arrangement, with the court previously hearing testimony from her and Mr. Flavell on the matter.
Both told the court they were concerned that Oscar was not being properly cared for by Mr Gillespie’s brother and sister-in-law at Wingello, saying he was not properly cared for, walked or fed.
On Monday, Mr Gillespie testified about his recollection of their ‘quarrel’ at the couple’s home in Kirribilli.
The court has been told that Oscar de Cavoodle (pictured) would be staying with Mr Gillespie’s extended family in Wingello – in the Southern Highlands of NSW while he was away for work
“I was dropping Oscar off for a three or four day trip I had to make,” he said.
“Gina asked about my decision and why I made the decision to have Oscar in 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 decisions about Oscar?”
“I said they have every reason to be involved. I leave him in their care, so of course they get a say in what happens to his future.
“She started calling me names like she was a lawyer and barked back.
“It went back and forth, and then I yelled back at her.
“Finally, after reaching my limit of being beaten up by her, I said ‘keep the damn dog for now.’”
Mr Gillespie said they didn’t speak for a few weeks after that because Ms Edwards was ‘too emotional and didn’t want to talk’.
He said Mr Flavell had told him he was disappointed with what had happened and to ‘leave it alone for a while’.
Ms Edwards later emailed Mr Gillespie a ‘lengthy apology’.
He said he was glad things were resolved and he was “happy to continue visiting.”
Ms Edwards previously testified that there were “many things” she wrote in the email that were untrue.
Channel Nine’s lawyer Dauid Sibtain (pictured) called Mr Gillespie on Monday to testify
“I wasn’t ashamed, or embarrassed, or humiliated,” she said.
“I was told to say that because it would appeal to him because of his personality profile.”
When asked if the line was true when she said she saw his side of the issue 100 percent, she said no, noting that he had yelled during the confrontation and scared her.
“I certainly wasn’t telling the truth there. I didn’t 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 dismissed the suggestion that they were not taking good care of the dog.
Mrs Edwards and her husband Ken Flavell (pictured) were registered as secondary owners of the dog
She said he was walked regularly and had a big backyard to run around in, and she would brush him at least twice a day.
Mr Gillespie also testified about Oscar’s involvement in a reality TV show called Pooch Perfect in late 2019 while at sea.
He agreed that the television appearance would boost Oscar’s Instagram profile, so he supported it.
But Oscar was not sent back to Wingello after his appearance on the show.
“I got an email with a claim statement,” said Mr Gillespie.
“I immediately contacted the family.”
A confrontation between Mark Gillespie (pictured with Oscar the Cavoodle) and Mrs. Edwards at a dog park was filmed by A Current Affair
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 I owned the dog,” Mr Gillespie said.
In November 2021, consent orders were finally issued to give Oscar to Ms. Edwards and Mr. Falvell.
The hearing before Judge Michael Wigney continues.