Molly the Magpie: Court hands down devastating decision to overturn Gold Coast’s couple’s permit to keep bird

Authorities will soon swoop on Molly the Magpie and shatter his life with Staffordshire Terrier pals Peggy and Ruby, after a Gold Coast couple’s licence to keep the bird was overturned by a court.

Juliette Wells and Reece Mortensen rescued the bird when he fell from a nest in 2020 before he formed a happy and wholesome relationship with their dogs Peggy and Ruby.

Molly found fame and acclaim after the couple created their Instagram page PeggyandMolly, posting regular photos of his exploits with their dogs. The page now boasts a huge following, with close to one million fans watching what the trio get up to.

But that will soon come to an end.

The fate of Molly — first thought to be a she but now known to be a he — gripped the nation after Ms Wells and Mr Mortensen were forced to surrender him to Queensland authorities in March following complaints over the lack of a permit.

However, after 45 “heartbreaking” days Molly was reunited with his carers, once The Department of Environment, Science and Innovation approved a specialised licence and Ms Wells and Mr Mortensen agreed to several conditions.

But some in the wildlife community were not happy with the decision and back in September, Legal firm XD Law & Advocacy launched Supreme Court action against Queensland’s DESI for granting the permit.

The action was launched on behalf of an unnamed wildlife rescue volunteer who was supported by other animal carers — who had reportedly faced vicious online scrutiny for their wildlife beliefs and calls for Molly to be free.

Jack Vaughan from XD Law and Advocacy said the Brisbane Supreme Court overturned the granting of the specialised licence on Monday in a post to X.

He said the court’s order was made with the consent of DESI, which would determine what happens to Molly.

The wildlife volunteer who took court action previously said “magpies were not suitable pets and suffered when kept in domestic captivity and that Molly would likely not survive”.

That was DESI’s original position when it first removed Molly from the couple’s home. However, after granting the permit, the department then said the decision to return Molly had been made in accordance with the Nature Conservation Act 1992 “following extensive legal advice”.

“Independent expert veterinary advice has shown Molly is highly habituated and may have developmental issues, meaning it can never be rehabilitated or returned to the wild,” the department said in a statement in April.

As part of the permit, the couple were not allowed to receive commercial gain from the bird or his image, had to do wildlife carer training and needed to advocate for public education of native wildlife.

XD Law & Advocacy argued DESI’s decision to return Molly to the couple was made on “political grounds due to media pressure” and “set a precedent for anyone to keep a wild animal”.

“We became involved when we saw volunteer wildlife carers being pilloried and abused for sticking up for the laws of Queensland preventing wildlife being turned into pets,” lawyer Jack Vaughan wrote in a statement on X.

“They represent the best of Australia and yet some of them were receiving death threats for suggesting that the department’s actions were illegal.

“We agreed with them and it seems the court does too.”

Mr Vaughan said DESI “failed to show proper reasoning for the licence according to their governing legislation” in court.

“In trying to protect the welfare of the bird — which has always been our highest priority — we made an error, and we are currently considering next steps,” a DESI spokesperson said in a statement after the court decision.

The volunteer who took action is grateful for the Supreme Court’s decision.

“I am proud of all the wildlife carers who stood up for the law when the department and the former premier failed to do so,” she said in a statement.

She said the action was not just about Molly the Magpie but about “reinforcing Queensland’s wildlife protection laws and the integrity of the wildlife licensing system”.

Ms Wells and Mr Mortenson were reportedly distraught over the legal challenge.

“Molly’s 100 per cent, and always has been, our focus,” Mr Mortensen told A Current Affair in September.

“Four years ago yesterday, when we came across a little magpie, who would have thought we’d be standing in front of the Supreme Court here in Brisbane.

“Molly’s happy, healthy and alive. Bossy, barking and being Molly.”

They are yet to comment on the latest development.