EXCLUSIVE
Molly the Magpie and her Staffordshire Terrier best friends Peggy and Ruby could be separated once again after it was understood a court revoked a Gold Coast couple’s license to keep the bird.
Molly and her canine companions, Peggy and Ruby, live with Juliette Wells and Reece Mortensen in their Gold Coast home and have become social media stars.
The magpie was removed from the property in March when authorities learned that Wells and Mortensen did not have permission to care for native wildlife, but the bird was returned six weeks later after a public outcry.
In September, law firm XD Law & Advocacy launched Supreme Court action against Queensland’s Department of Environment, Science and Innovation (DESI) for granting the couple a wildlife permit.
The firm was acting on behalf of an anonymous wildlife rescue volunteer who was supported by dozens of other animal carers, many of whom had been brutally attacked by online trolls over the dispute.
XD Law and Advocacy’s Jack Vaughan told Daily Mail Australia that the Supreme Court overturned the granting of specialist licenses to Ms Wells and Mr Mortensen on Monday.
He said the court order was issued with the consent of DESI, which would now determine what happens to Molly.
The wildlife volunteer who took legal action previously told Daily Mail Australia that magpies did not make suitable pets and suffered when kept in domestic captivity and that Molly, who is actually a male, was unlikely to survive.
Molly the Magpie and her Staffordshire Terrier best friends Peggy and Ruby could be separated once again after a court revoked a Gold Coast couple’s license to keep the bird. Juliette Wells is pictured with Molly at her home.
That was also DESI’s original position when she first removed Molly from Mrs. Wells and Mr. Mortensen’s home.
“It is alleged that the bird was taken from the wild and kept illegally, without DESI issuing any permit, license or authority,” a department spokesperson said at the time.
DESI had independent veterinary advice. Molly could never be returned to the wild, meaning he would have to be sent to a sanctuary or euthanized.
Molly and Peggy have 1.3 million followers on Facebook and almost 1 million more on Instagram, and the resulting public backlash prompted an extraordinary intervention from then-Queensland Premier Steven Miles.
Miles dismissed criticism that he had bowed to social media pressure by allowing Wells and Mortensen to stay with Molly, saying granting them permission was a “common sense” approach.
“I’m not a bird expert, but it looks very good and healthy to me,” Mr. Miles said when he visited Molly at the couple’s home.
DESI granted Ms Wells a permit to keep Molly after they agreed to conditions including not profiting from the magpie or its image, receiving appropriate training and defending wildlife.
XD Law & Advocacy argued that the decision was made for political reasons due to media pressure and set a precedent for anyone to own a wild animal.
Molly and her canine companions, Peggy and Ruby, live with Juliette Wells and Reece Mortensen in their Gold Coast home and have become social media stars.
“We became involved when we saw volunteer wildlife keepers being ridiculed and abused for upholding Queensland laws that prevent wildlife from becoming pets,” lawyer Jack Vaughan said.
‘These are the people who arrive in the middle of the night when they find an injured animal on the road. They do it for nothing. Most of the time they also pay for necessary medicines and food.
‘They represent the best of Australia and yet some of them were receiving death threats for suggesting the department’s actions were illegal. We agreed with them and it seems the court did too.
Vaughan said DESI had been “given the opportunity to demonstrate that it followed appropriate processes and standards in granting the carer licence”.
“To show that this wasn’t just a matter of giving a complacent nod to a prime minister who wanted photos of himself with a magpie on his head and a couple of social media influencers,” he added.
“They did not demonstrate adequate reasoning for the license in accordance with applicable law.”
The volunteer who took action said she was grateful to the Supreme Court and “proud of all the wildlife keepers who stood up for the law when the department and the former prime minister did not.”
The magpie was confiscated in March after authorities learned Wells and Mortensen did not have permission to care for native wildlife, but the bird was returned six weeks later after a public outcry.
“We’re the ones dealing with the remnants of the social media fad of capturing baby magpies and training them to do cute tricks,” he said.
‘There’s nothing cute about wings and paws bitten off by family pets. There’s nothing cute about seeing a tame magpie ferociously attacked by a wild flock when they first interact.
“Seeing the former Prime Minister encouraging this idiocy in a desperate attempt to gain votes and followers on social media was pathetic.
“Seeing the Department of Environment join the circus and start issuing licenses was a step too far.”
The volunteer said she would not comment on what should happen to Molly.
“This action was not about a magpie, but about strengthening Queensland’s wildlife protection laws and the integrity of the wildlife licensing system,” he said.
Wells and Mortenson were distraught over the legal challenge to remove Molly from their home once again.
‘Molly is 100 percent, and always has been, our focus. We just want to move on and move forward,” Mortensen told A Current Affair in September.
“Four years ago yesterday, when we encountered a little magpie, who would have thought we would be in front of the Supreme Court here in Brisbane?” Ms Wells said.
‘Molly is happy, healthy and alive. Bossy, barking and being Molly.
Mortensen added: “Every time we’re in the public eye, it raises awareness for people to go out and do something to help wildlife and get involved.”
“We want to try to involve as many people as possible to help wildlife, because there aren’t many wildlife keepers.”
Daily Mail Australia has contacted the couple for comment.