Wayne Victor Tickle found not guilty of shooting Koumala farmer’s cow

Police charged a Qld man with shooting his neighbour’s cattle over text messages and an open gun safe. He has since been found not guilty and QPS has been ordered to foot his legal bill.

Wayne Victor Tickle was charged with shooting and wounding cattle belonging to another Koumala farmer and found not guilty by a Mackay magistrate. Photo: Fergus Gregg

A Koumala man has won his court case against police after he was accused of shooting his neighbour’s cow following a text exchange between the pair.

Wayne Victor Tickle was charged with injuring a stock animal and insecure weapons storage – namely three rifles – after a black brangus cow was found on a neighbouring property, shot and suffering. He pleaded not guilty to the charges.

During a Mackay Magistrates Court hearing his neighbour, a Koumala cattle farmer, said he was in Townsville when he received a message from Mr Tickle’s partner that cattle had crossed the property boundary and were on their land on August 3, 2024.

The court heard the neighbour then sent a message at 11.10am that read “just shoot them and I’ll drag them back on Monday when I come home”.

He said he was “just taking the piss” and the comment was “tongue and cheek”.

“No one in their right mind would just shoot a cow for being over the fence,” he said.

The court heard at 12pm he sent another text to Mr Tickle’s partner saying he was sending a friend to have a look and when the friend arrived he found a black, brangus beast wounded from being shot and “in great pain” by a creek.

The friend put the cow out of its misery with his own rifle.

Two cows were found dead nearby, also from being shot, and it was initially alleged Mr Tickle was responsible for shooting all three, but this charge was later disputed and thereafter it was only alleged he shot and wounded one black, brangus beast.

Defence barrister Joshua Morris, instructed by McKay’s Solicitors, asked the neighbour if he saw Mr Tickle shoot the cow and he said he didn’t.

Mr Morris then revealed texts between the neighbour and Mr Tickle’s partner on August 1 about the neighbour taking a cow to another block so it “can’t jump the fence again”.

Mr Tickle’s charges were dropped and the prosecution was ordered to pay the costs of his defence. Photo: Fergus Gregg

The court heard the neighbour sent a text that said, “I’m easy, jump the fence and you’re gone” accompanied by a gun emoji.

On August 6 a Rockhampton Stock Squad officer went to Mr Tickle’s Koumala home and found three rifles — one of which was loaded with an empty casing and magazine — in a gun safe with the door ajar.

Magistrate Bronwyn Hartigan said she couldn’t “see at all how I could possibly convict Mr Tickle”.

“There’s no evidence at all … no one saw him do it,” Ms Hartigan said.

“All there is is a text message between his partner … and that’s permission to shoot it.”

Ms Hartigan added Mr Tickle had nothing to do with the texts as they were between the complainant and Mr Tickle’s partner.

“I can see how you might have thought that would be enough but it’s not,” Ms Hartigan said, also adding there was no evidence Mr Tickle was the owner of the weapons police came across.

As found him not guilty on charges of injuring a stock animal and insecure storage of firearms.

Police Sergeant Linden Pollard said there were elements to the case that were not submitted by the prosecution as “they would breach hearsay”. Photo: Fergus Gregg

As a result Mr Morris submitted the prosecution should pay Mr Tickle’s legal costs totalling $2500.

“There was no real investigation,” Mr Morris said.

Ms Hartigan agreed the case brought before her was “totally speculative”.

“The investigation really was wholly deficient … the investigation wasn’t conducted in an appropriate way,” Ms Hartigan said.

“In my view, having heard the evidence, they must have decided it was Mr Tickle who shot the cows.”

Police Sergeant Linden Pollard said there were elements to the case that were not submitted by the prosecution as “they would breach hearsay”.

Ms Hartigan said “well that’s the cornerstone of the justice system”.

“The court can only receive evidence that is admissible … your case just had no hope on either charges.”

The prosecution was ordered to pay $2500 in costs by June 13, 2025.