Hobart Magistrates Court hears allegations of a seal being shot off Bruny Island

UPDATED: A man has faced court on a range of charges over the alleged shooting of a seal near Bruny Island.

The Hobart Magistrates Court.

A RETIRED fisherman was involved in illegally deterring seals near Bruny Island but two animal cruelty charges against him were not proven, a magistrate has found.

David John Blake, 74, of Mangalore, was today found guilty of using a device to deter seals without a permit and two counts of failing to comply with the conditions of a gun licence.

The Hobart Magistrates Court heard Blake and another man were out in a fishing boat near Cape Queen Elizabeth about 9am on June 13 last year and the other man fired shots from a rifle that was licenced to Blake.

The prosecution case was that the other man shot a seal and Blake aided and abetted him or formed a common purpose with him to shoot the seal.

Crown prosecutor Simon Nicholson also said Blake breached two conditions of his gun licence by allowing the other man to use the gun.

Magistrate Chris Webster said he was not satisfied beyond reasonable doubt that a seal was shot.

But he said he was satisfied the two men had formed a joint enterprise to deter seals.

“I’m satisfied someone fired in the direction but I’m not satisfied that he hit the seal,” Mr Webster said. He dismissed a charge of aggravated cruelty to an animal and another of cruelty to animals.

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Witness Conrad Daniels told the court he was checking cat traps near the shoreline of Cape Queen Elizabeth when he heard a gunshot.

He said he saw one of two people in a boat who “had a firearm and he was aiming in a direction”.

“I looked in that general direction, noticed there was something moving in the water which I took to be a seal,” Mr Daniels said.

“I saw the seal go down and a … patch of red come up.”

Mr Webster said he could not be satisfied beyond reasonable doubt that what Mr Daniels saw was blood.

He did not record convictions and fined Blake $500 plus court costs.

The alleged shooter remains before the court.