Paul John Kirkcaldy pleaded guilty to discharging a speargun in a recreational area

Witnesses have given evidence against a camper on K’gari who killed a young dingo with a spear gun because it was hanging around his campsite, recalling the dingo’s distressing final moments and the “horrible noise of an animal screaming and crying”.

A dingo let out a “gut-wrenching, distressing noise” when it was shot by a speargun on K’gari, with a court hearing the incident happened after the animals had caused concern at a campground.

Paul John Kirkcaldy, 57, pleaded guilty to taking an actual resource from a protected area and discharging a speargun in a recreational area when he faced Hervey Bay Magistrates Court on Monday.

The court heard the incident happened on April 19, 2024, at the Wyuna campground on K’gari.

Lawyer for the Department of Environment and Science, Vivian Rossi-Price said Kirkcaldy did not “positively intend to kill the dingo” but did intend to harm the dingo and his actions had been reckless.

Paul John Kirkcaldy pleaded guilty to taking an actual resource from a protected area and discharging a speargun in a recreational area when he faced Hervey Bay Magistrates Cout on Monday.

The dingoes on K’gari were particularly protected, in line with the island’s conservation strategy and the killing of a dingo was “very serious”, Mr Rossi-Price said.

In the aftermath of the incident, the dingo was heard by witnesses letting out “a gut-wrenching, distressing noise”, and “a horrible noise of an animal screaming and crying”,” he said.

The dingo involved was a juvenile male dingo with breeding potential.

A statement from the Butchulla Aboriginal Corporation was submitted to the court, telling of the importance dingoes had to the indigenous community.

K’gari had a population of 100-200 dingoes.

The dingo killed with a speargun on K'gari.

Defence lawyer Mitch Jamieson said Kirkcaldy had one adult child and a was bricklayer who had worked his whole adult life.

A substantial fine would be “crushing” for him, Mr Jamieson said.

Kirkcaldy had a great love of camping and the outdoors and had been a volunteer with Lifeflight and enjoyed helping people, he said.

A letter was submitted to the court on behalf of Kirkcaldy’s counsellor and psychotherapist, with the court hearing the incident had also had a significant impact on him.

At the time of the incident, Kirkcaldy had been camping on the island with his partner and friends, Mr Jamieson said.

The dingoes were causing concern to those around, being curious and persistent and not afraid of human contact, and Kirkcaldy had been stressed by their behaviour, the court was told.

The speargun involved in the incident.

After drinking some alcohol, Kirkcaldy had the “opposite of a bright idea” that he might be able to spook the animals away with his speargun, Mr Jamieson said.

He had made something of an effort to blunt the speargun, attaching a cork.

Kirkcaldy then shot the spear gun at the juvenile dingo, immediately feeling struck by extreme guilt, Mr Jamieson said.

He buried the animal, but Kirkcaldy later reported the incident and led rangers to its body.

Magistrate Stephen Guttridge said it was a significant mitigating feature that Kirkcaldy had turned himself in for the offence, without which it may never have been detected.

He said he accepted Kirkcaldy did not intend to kill the dingo.

The dingo killed with a speargun on K'gari.

Kirkcaldy was ordered to perform 240 hours of community service.

He was also placed on two-years probation and fined $5000.

He was also ordered to pay court costs of $1500.

No conviction was recorded.

Outside court, waiting media asked Kirkcaldy if he would like to make any comment.

“I would love to talk to you,” he responded.

“But open up your wallets. Are you willing to open your wallets?” he said before walking away.

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