Benjamin Edward Bakes avoids prison sentence for capturing cockatoo in prison and killing baby birds

A former Risdon Prison inmate has avoided further jail time after keeping an injured cockatoo as a ‘pet’ inside his cell and stomping on fledgling sparrows. Warning: Distressing content.

Risdon Prison. Picture: Chris Kidd

WARNING: This story may contain distressing content.

A former Risdon Prison inmate has escaped further jail time after being convicted for catching and keeping a ‘pet’ sulphur-crested cockatoo in his cell which was euthanised and for stomping fledgling birds to death.

Benjamin Edward Bakes was handed down one year’s imprisonment wholly suspended last Friday by Justice Stephen Estcourt after he previously pleaded guilty to one count of aggravated animal cruelty, with two counts of taking protected wildlife and one count of animal cruelty also being dealt with under the plea.

Risdon Prison. Picture: Chris Kidd

Bakes also pleaded guilty to unrelated charges of one count of dangerous driving with other driving charges such as evading police in aggravated circumstances dealt with under that complaint.

On October 12, 2021, Bakes was serving a three month stint in Risdon Prison.

He and another inmate were beside a common area window feeding Sulphur-crested cockatoos from his hand.

The other inmate then caught and pulled the “struggling” cockatoo into the room while Bakes assisted, then transferring the bird to a pillowcase placed between two milk crates in his cell for two days.

Justice Estcourt accepted that Bakes tried to feed the bird but due to beak injuries, it struggled to consume anything.

Correctional officers eventually discovered the bird on October 14, transferring the bird to Bonorong Wildlife Sanctuary.

Beautiful white Cockatoo, Sulphur-crested Cockatoo (Cacatua galerita) for Don Knowler column in Sunday Tasmanian.

Veterinarians assessed that the bird had sustained “significant injuries” and was euthanised.

In another incident on January 12, 2022, Bakes was performing cleaning duties in the Risdon exercise yard when he “aimed a fire hose at a nest containing pre-fledgling house sparrows”.

Once the birds were knocked to the ground, Bakes then stomped on them until they died and disposed of the bodies, telling correctional officers he was “clearing out a pest”.

While Bakes has no prior convictions for animal cruelty, Justice Estcourt said the cockatoos’ capture was a “flawed or misguided attempt” to keep a pet and cruelty charges stemmed from delaying the cockatoo’s access to care.

“As to the offences involving the sparrows, I am told that the circumstances arose as a result of the defendant’s duties in cleaning at the prison,” he said.

“When he was assigned the task of cleaning the area he thought, wrongfully, that he was resolving the issue of a common pest, much like one would remove rats or mice.”

In conjunction with the animal cruelty count, dangerous driving charges and evading police in aggravated circumstances, Bakes received a combined 12 months prison sentence suspended for a period of two years.

He was also disqualified from holding a driver’s license for nine months and must report to a probation officer for two years.