Bombshell blow for Molly the Magpie as top judge hands down devastating decision

EXCLUSIVE

Molly the Magpie and her Staffordshire terrier best friends Peggy and Ruby could be separated again after a Gold Coast couple’s license to keep the bird was quashed by a court.

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 site in March when authorities learned Ms Wells and Mr Mortensen did not have a permit to care for native wildlife, but the bird was returned six weeks later after public outcry.

In September, law firm XD Law & Advocacy launched High Court proceedings against the Queensland Department of Environment, Science and Innovation (DESI) for granting the couple a wildlife permit.

The company acted on behalf of an unnamed wildlife rescue volunteer, who received the support of dozens of other zookeepers, many of whom were viciously targeted by online trolls.

Jack Vaughan of XD Law and Advocacy told Daily Mail Australia the High Court on Monday quashed the award of the specialist license to Ms Wells and Mr Mortensen.

He said the court order was issued with the consent of DESI, which would now determine what happens to Molly next.

The wildlife volunteer who took legal action previously told Daily Mail Australia that magpies were not suitable pets and that they suffered if kept in domestic captivity, and that Molly – who is actually male – was unlikely to survive.

That was also DESI’s original position when it first removed Molly from Mrs. Wells and Mr. Mortensen’s home.

“It is alleged that the bird was taken from the wild and unlawfully kept without a permit or authorization issued by DESI,” 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 shelter or euthanized.

Molly and Peggy have 1.3 million followers on Facebook and almost 1 million more on Instagram, and the resulting public backlash led to an extraordinary intervention from then Queensland Premier Steven Miles.

Mr Miles rejected criticism that he had bowed to social media pressure by allowing Ms Wells and Mortensen to keep Molly, saying granting a license was the “common sense” approach.

“I’m no bird expert, but I think he looks very good and healthy,” Mr. Miles said as he visited Molly at the couple’s home.

DESI granted Ms Wells a license to keep Molly after agreeing to conditions including not profiting from the magpie or its image, undertaking appropriate training and advocating for wildlife.

XD Law & Advocacy argued that the decision was made on political grounds due to media pressure and set a precedent for anyone to keep 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 workers being pilloried and abused for standing up for Queensland laws that prevented wild animals from being turned into pets,” says lawyer Jack Vaughan.

‘These are the people who arrive in the middle of the night when you find an injured animal on the side of the road. They do it for nothing. They often also pay for the medicines and food needed.

“They represent the best of Australia, and yet some of them received death threats for suggesting the department’s actions were illegal. We agreed with them and it appears the court does too.”

Mr Vaughan said DESI had been “given the opportunity to demonstrate that it followed the correct processes and standards in licensing the healthcare provider”.

“To show it wasn’t just an accommodating nod to a prime minister who wanted pictures of himself with a magpie on his head and a few social media influencers,” he added.

“They failed to demonstrate proper reasoning for the permit under their applicable laws.”

The volunteer who took action said she was grateful to the Supreme Court and “proud of all the conservationists who stood up for the law when the department and the former prime minister failed to do so.”

The magpie was seized in March after authorities learned Ms Wells and Mr Mortensen were not licensed to care for native wildlife, but the bird was returned six weeks later following public outcry.

“We’re the ones dealing with the mess of the social media craze of catching baby magpies and training them to do cute tricks,” she said.

‘There’s nothing cute about wings and legs being bitten off by pets. There is nothing cute about seeing a domesticated magpie being ferociously attacked by a wild flock when they first come into contact with each other.

“It was pathetic to see the former Prime Minister encouraging this idiocy in a desperate bid to gain votes and followers on social media.

‘It was a step too far to see the Ministry of the Environment joining the circus and issuing permits.’

The volunteer said she would not comment on what should happen to Molly.

“This action wasn’t about one magpie – it was about strengthening Queensland’s conservation laws and the integrity of the wildlife licensing system,” she said.

Mrs Wells and Mr Mortenson were distraught over the legal challenge of removing Molly from their home again.

“Molly is 100 percent our focus, and always has been. We just want to move on and just get on with it,” Mortensen told A Current Affair in September.

“Yesterday, four years ago, when we came across a little magpie, who would have thought we would be standing here in Brisbane in the High Court,” Ms Wells said.

‘Molly is happy, healthy and alive. Bossy, barking and Molly.’

Mr Mortensen added: ‘Every time we are in the public eye it raises people’s awareness to get out and do something to help wildlife and get involved.

‘We want to try to get as many people involved as possible in helping wildlife because there aren’t many wildlife carers out there.’

Daily Mail Australia has contacted the couple for comment.