A former solicitor is suing the RSPCA and demanding it returns the body of her disabled cat that was previously ‘rescued’ from her care during a police raid.
Dr Katherine Theodotou, 79, is suing the charity and Met Police after officers used an axe to raid her London home and seize her 17-month-old black and white cat Rita in March, following a report that she was being mistreated.
Dr Theodotou, who was struck off the UK solicitors register in 2022 after being found to have made ‘dishonest’ statements whilst applying for professional insurance, runs an animal sanctuary near Hertford and insists she was the victim of a ‘malicious report’.
The case reached court earlier this month when she unsuccessfully applied for an injunction preventing the charity from putting the cat down, with the RSPCA insisting it had no plans to do so.
But just two days before the fight over ownership of the cat was set to go before magistrates, Dr Theodotou was informed Rita had suddenly died in RSPCA foster care, with the battle over her ownership turning into a squabble over her remains.
Demanding answers about what happened, Dr Theodotou dragged the RSPCA back to the High Court, seeking the return of Rita’s body so she can have a post-mortem investigation carried out.
However, the RSPCA fought back, refusing to hand over Rita’s remains and insisting that they want their own post-mortem done so they can get as much evidence together as possible in the midst of the ongoing row.
In a short hearing on Friday, Mr Justice Kimblin refused to order the handover, instead making an order for a jointly conducted post-mortem involving both an RSPCA vet and an independent one chosen by Dr Theodotou.
Dr Katherine Theodotou, 79, is suing the RSPCA and Met Police after officers used an axe to raid her London home and seize her 17-month-old black and white cat Rita in March
Rita, who was born disabled, died suddenly while in RSPCA foster care earlier this month
The lawyer was born and studied in Cyprus before moving to the UK where she and her Islington-based law firm Highgate Hill solicitors won a series of awards before she was struck off.
She is also the founder and honorary director of the Greek school of Islington and runs an animal sanctuary at Woodcock Lodge Farm, near Hertford.
In the earlier hearing, the court heard that Rita was born disabled and could not properly move her back legs and as a result suffered from occasional infections in her bladder.
Dr Theodotou insisted that Rita was being well cared for at her home, receiving regular medical support and steadily learning to walk on all four legs.
However, following what Dr Theodotou claims was ‘a malicious report to the RSPCA regarding the welfare of Rita’, a warrant was obtained by the charity from a magistrates’ court, giving them power to raid her property with the assistance of the police and seize the disputed cat.
Her barrister, Liam Wells, said Dr Theodotou was at home recovering from recent breast cancer surgery when the RSPCA suddenly attended with six officers from the Met Police.
‘Dr Theodotou did not understand the reasons for the attendance of so many uniformed police officers at the property and did not wish to allow them access,’ he said.
‘The officers of the Metropolitan Police proceeded to break down the front door to the property using an axe.
‘Dr Theodotou was seeking to open the door to the private dwelling to avoid the police officers from breaking it down when the police officers pushed her violently to the ground, making forceful contact with her wounded chest.
‘The officers of the RSPCA found Rita and removed her from the property against the will of Dr Theodotou. Rita has not been returned to the claimant to date.’
Dr Theodotou insisted that Rita was being well-cared for at her home, receiving regular medical support and steadily learning to walk on all four legs
Dr Theodotou originally sued over the raid on her home, which saw Met Police officers attend and force entry with an axe
Before Mrs Justice Obi earlier this month, lawyers for Dr Theodotou asked for an emergency injunction to ward off any danger of her cat being put down before the case comes to trial.
But the RSPCA – which insisted it has done nothing wrong in relation to Rita – said there was no plan to euthanise the cat, which was ‘flourishing’ with foster carers.
Mark Townsend, for the RSPCA, told the judge that, after being seized, Rita was examined by a vet and found to be in an ‘extremely concerning’ condition, which suggested she had been left for ‘prolonged’ periods with ‘inadequate hygiene, nursing care, and monitoring within the home environment’.
Mrs Justice Obi declined to grant the injunction after finding no ‘real or imminent risk of euthanasia’ and with a magistrates’ court to rule on the RSPCA’s bid to take full ownership of Rita within days.
But the court hearing, due last Wednesday, was cancelled at the last minute after the sudden and unexpected death of Rita while in the custody of the RSPCA.
Her body was taken to the Royal Veterinary College, where it has since been frozen, with the RSPCA intending to carry out a post-mortem.
However, Dr Theodotou, representing herself, then brought a new emergency application to court last week, demanding that Rita be returned to her as her legal property, so she can get answers about what happened.
‘I’m entitled to her body or what is left of her body,’ she told Mr Justice Kimblin. ‘She is my cat, my darling cat. I love this animal very much.
‘I spent a lot of time in caring for her. There was no need to come with six police officers to my house and break down the door.
‘I’m entitled to have a post-mortem myself. I have very competent doctors.’
However, RSPCA barrister Mr Townsend contested the application, telling the judge that it has a legal right to investigate the circumstances of the mysterious death.
‘Significantly, Rita was under the RSPCA’s ultimate care and they wish to investigate all the circumstances leading to the cat’s death,’ he told the court.
Giving judgment on the application, Mr Justice Kimblin said the RSPCA has a right under the 2006 Animal Welfare Act to investigate a death, but that Dr Theodotou also has rights as her owner.
‘She makes it very clear she is attached to the cat and wishes it to be returned to her so that she may have undertaken a post-mortem by a veterinary surgeon of her choosing and for her to deal with the cat’s body in the way she sees fit,’ he said.
He said it would be inconsistent with the purposes of the Animal Welfare Act to prevent the RSPCA investigating, but that Dr Theodotou’s rights also had to be considered.
‘It seems to me the appropriate resolution in this case is for there to be an order that there be no disposal of the body of Rita the cat, nor a post-mortem unless and until the RSPCA has provided notification of the intended date and an invitation for a veterinary surgeon instructed by the claimant to attend jointly with the RSPCA to undertake the post-mortem,’ he said.
‘In that way both the claimant and the RSPCA have the opportunity to obtain the information they both seek in respect of the animal’s death.
‘Thereafter the remains of Rita the cat can be returned to the claimant.’
Dr Theodotou’s original case was for Rita’s return, but also damages for harassment and negligence against the RSPCA and for assault, battery, trespass and negligence against the Met Police.
At the previous hearing Met Police barrister Rachael Hyde said police had attended the house and ‘lawfully executed a warrant of entry’ to collect the cat due to ‘welfare concerns’, with the Met having no further involvement.
