Molly the Magpie’s future in fresh doubt after court ruling, DESI says it ‘made an error’

Department of Environment officials have issued their response to a bombshell court judgment that threw the fate of Molly the Magpie into fresh doubt.

Queensland’s Department of Environment admits it “made an error” after a bombshell court judgment set aside a special licence granted to carers of Molly the Magpie.

The magpie, made famous on social media for its relationship with a dog named Peggy, was surrendered by carers Juliette Wells and Reece Mortensen to Department of the Environment, Tourism, Science and Innovation (DESI) officials in March.

The action, taken because it is illegal to keep a native animal in Queensland without a permit, sparked a storm of controversy. DESI ultimately granted the Gold Coast couple a special licence and returned the bird after intervention from then Premier Steven Miles.

The licence featured conditions including that the couple not profit from Molly or its image, undertake wildlife carer training and continue to engage with DESI regarding the bird’s care.

An image from the Peggy and Molly the Magpie page posted on November 25. Picture: Facebook / Peggy and Molly.

However that licence was on Monday set aside by the Supreme Court in Brisbane following a Judicial Review initiated by wildlife volunteers.

“Some anonymous people challenged DESI’s decision to grant us a specialised licence so Molly could come back to a family who love him in the Supreme Court yesterday,” the couple wrote in a message to followers on Tuesday.

“The outcome: The decision to grant us a specialised licence has been set aside and is of no effect. That also means that (our) application for a specialised licence made on 11 April 2024 remains undecided.

“What does that mean? We are not sure because we have not been advised of the next steps.”

Juliette Wells with her partner Reece Mortensen and Peggy and Molly.

On Wednesday a DESI spokesperson told this masthead the Department had “made an error” and was considering what to do next.

“In trying to protect the welfare of the bird – which has always been our highest priority – we made an error, and we are currently considering next steps,” the spokesperson said.

“As the matter involves an individual, we cannot comment further at this time.

“The Department is currently reviewing the Court decision.”

Minister for the Environment and Tourism, Science and Innovation Andrew Powell said the department had written to Molly’s carers about the decision.

“I am advised the Department has written to the licence applicant and will be engaging further as it works through the implications of the decision,” Mr Powell said.

“It is important that decisions moving forward are made based on all relevant and current information, and the Department will go through an appropriate process to ensure that happens.

“As this is a complex matter, and the decision is to be made by the Department, it is not appropriate for me to comment on any further actions or decisions.”

An image from the Peggy and Molly the Magpie page. Picture: Facebook / Peggy and Molly.

Lawyers who acted for wildlife volunteers to challenge the licence said it was the end of a “farce” that had seen their clients subjected to online abuse including death threats. The abuse has previously been condemned by Ms Wells and Mr Mortensen.

“We became involved when we saw volunteer wildlife carers being pilloried and abused for sticking up for the laws of Queensland preventing wildlife being turned into pets,” Jack Vaughan of XD Law said.

“These are the people who arrive in the middle of the night when you find an injured animal by the road. They do it for nothing. More often than not they pay for the medicines and food needed as well.

“They represent the best of Australia and yet some of them were receiving death threats for suggesting that the Department’s actions were illegal. We agreed with them and it seems the court does too.”

Former Queensland Premier Steven Miles at the Gold Coast home of Reece Mortensen and Juliette Wells in April with Molly the Magpie and dogs Peggy and Ruby. Picture: Steven Miles / Facebook.

In a statement issued through their lawyers, the wildlife volunteers who took the case slammed the involvement of former Premier Miles.

“To see the former Premier encouraging this idiocy in a desperate attempt to gain votes and a social media following was pathetic. To see the Department of Environment go along with the circus and start issuing licences was a step too far,” they said.

“ ... We are not commenting at all on what should be done with Molly. We will not be exposing our members to that violence and abuse again. We will leave that to the experts of TikTok and Instagram.

“This action was not about one Magpie – it was about reinforcing Queensland’s wildlife protection laws and the integrity of the wildlife licensing system.

“I am grateful to the Supreme Court and so proud of all the wildlife carers that stood up for the law when the Department and the former Premier failed to do so.”

Follow @keithjwoods