EXCLUSIVE
Molly the Magpie’s keepers say they have been told the bird can remain in their custody, despite a judge ruling they should not have been granted a specialist wildlife permit.
The magpie has been living with Gold Coast couple Juliette Wells and Reece Mortensen, along with their pet Staffordshire Terriers, Peggy and Ruby.
Molly was removed from the home in March when authorities learned the couple did not have permission to care for native wildlife, but the bird was returned six weeks later after a public outcry.
On Monday, a Queensland Supreme Court judge overturned the grant of a specialist wildlife keeper license to the couple, who had turned Molly and her canine companions into social media stars.
Following that decision, Queensland’s Department of Environment, Science and Innovation (DESI) admitted it should not have granted the license to Wells and Mortensen.
On Thursday, Wells and Mortensen assured Molly’s fans that the magpie was “happy, safe and enjoying life, nothing is changing.”
“Legal matters take a long time to resolve, so we ask that you do NOT email the Department of Environment, Science and Innovation or set up petitions,” they wrote on social media.
“As we understand from yesterday’s conversations, they have absolutely no intention of separating Molly from her/our family.”
Molly the Magpie’s keepers, Juliette Wells and Reece Mortensen, say they were told the bird will remain in their custody despite a judge ruling they should not have been granted a specialist wildlife permit.
‘We understand that you would like to help in some way, but having you all here every day supporting, commenting and being part of this community is more than enough to keep us going and moving forward. If anything changes, we’ll let you know.
“In the meantime, let’s focus on the message these best friends bring to the world about love, kindness and acceptance.”
DESI confirmed Thursday night that Molly would be staying with the pair for now while the bird’s future is determined.
“Our top priority remains the welfare of the magpie,” a spokeswoman told Daily Mail Australia.
‘We currently have a process underway that will determine the future care of the magpie.
“Our officers have spoken to the license applicant and advised him that the current care arrangement can continue while these processes are underway.”
A spokesperson told Daily Mail Australia earlier this week that “the department is currently reviewing the court decision.”
“In trying to protect the welfare of the bird, which has always been our top priority, we made a mistake and are currently considering next steps,” he said.
Daily Mail Australia revealed on Wednesday that RSPCA Queensland’s wildlife veterinary director examined Molly, who is actually a male, after the bird was first confiscated and found it could not live in the wild.
“The bird seemed reluctant to fly, but when pressured it was observed to fly short distances, up to two meters, without gaining significant height in doing so,” the veterinarian reported.
“While perched, the bird intermittently carried both wings in a lower position than normal.”
The examination found Molly to be “in good overall body condition with appropriate plumage,” but X-rays detected abnormalities in some of her wing bones.
“Radiographic changes were observed in several bones of both wings,” the veterinarian reported.
“The cause of these changes was not evident on clinical examination, but may be related to an inadequate diet as a juvenile bird.”
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.
The vet concluded that Molly, whose fate was still unclear, should not be released into the wild.
XD Law & Advocacy began legal action against DESI in September after the department granted Ms. Wells and Mr. Mortensen a specialized license.
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 attacked by online trolls over the dispute.
The volunteer who took legal action previously told Daily Mail Australia that magpies were not suitable pets and suffered when kept in domestic captivity and that Molly was unlikely to survive.
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 received independent advice that since Molly would never be able to return to the wild, he would need to be euthanized or sent to a sanctuary.
Daily Mail Australia revealed on Wednesday that RSPCA Queensland’s wildlife veterinary director examined Moll after the bird was first confiscated and found it could not live in the wild.
Public reaction to Molly’s split from Wells and Mortensen led to 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 keep the bird, saying granting them permission was a “common sense” approach.
DESI granted Ms Wells permission 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.
“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”.
On Thursday, Wells and Mortensen assured Molly’s fans that their pet was “happy, safe and enjoying life, nothing is changing.”
Under Queensland law, native wildlife can only be conserved and cared for by a licensed keeper.
“These qualified professionals have the experience to give the animal the best chance to recover and return to the wild,” a government website states.
‘Without this specialized care, wildlife may not regain or lose the natural behaviors they need to live healthy lives in the wild.
‘The law requires anyone who finds sick, injured or orphaned wildlife to hand them over to a licensed wildlife carer or veterinarian within 72 hours. Fines are applied to those who do not do so.’
“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.”
“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.”