Molly the magpie licence cancelled by Supreme Court after 'error' revealed

The saga of Molly the Magpie has taken a fresh twist after the Department of Environment revealed it made an “error” in issuing a licence that facilitated the bird’s return to the Gold Coast couple who were looking after it.

Following the admission, the Queensland Supreme Court on Monday cancelled the Specialised Licence issued to Reece Mortensen, who along with his partner Juliette Wells, had photographed the bird with their pet dogs Peggy and Ruby and turned them into social-media celebrities.

“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 spokesperson for the Department of Environment (DETSI) said in a statement after the court decision on Monday.

The matter in court did not directly involve Wells or her partner Mortensen. It was between the Department and an anonymous party whose name has been withheld.

Court action 'about more than Molly the magpie'

Following the court’s decision, the applicant who took on the Department said their main priority was ensuring that Molly the Magpie was not euthanised and that it was placed with other birds.

“This action was not about one Magpie — it was about reinforcing Queensland’s wildlife protection laws and the integrity of the wildlife licensing system. I am grateful to the Supreme Court and so proud of all the wildlife carers that stood up for the law when the Department and the former Premier failed to do so,” they said in a statement.

Their lawyer, XD’s Jack Vaughan told Yahoo News “the matter was really about a government which was attempting to force its environmental laws to bend to its political whims".

"We say that’s not appropriate, particularly in the context of wildlife protection legislation, which is such an important issue and has so few people that speak up in respect of it," Vaughan said.

Vet report suggests Molly had medical problems

The Insta-famous bird became the centre of an international debate after it was surrendered to authorities following allegations it was being kept without a permit. After an assessment by a vet, the Department concluded the bird could not be released back into the wild and it had been “highly habituated to human contact”.

An official medical assessment completed by a vet on March 5, seen by Yahoo News determined Molly “seemed reluctant to fly”, but when pressed he could fly short distances of up to two metres, although he could not gain any significant height.

"Whilst perched the bird intermittently carried both wings in a lower than normal position," it said.

The report also noted signs of “radiographic changes to several bones on both wings” which could relate to an “inappropriate diet as a juvenile bird”.

"Given the behaviour exhibited by the bird and the radiographic changes that were evident, attempted release of this bird back into the wild would not be considered appropriate in accordance with the Code of Practice," it said.

Wells spoke with Yahoo in March, saying she and Mortensen took the bird home in 2020 after they concluded it had been abandoned. “We don’t ‘care’ for him in the way people have cockatoos or parrots in cages. Once he was well enough we taught him how to forage for food in the garden, we taught him to fly and be independent,” Wells claimed.

After their Peggy and Molly social media pages became a hit, the pair began selling merchandise featuring the duo, and they secured a book deal with Penguin Random House. Following the return of Molly, the couple agreed to no longer monetise the bird or its image.

Molly the magpie manager awaits next step

The bird was returned to the Queensland couple after an extraordinary intervention by then Premier Steven Miles, who called for a “common sense” solution to the saga. He then posed for several photos with Molly on social media.

Wildlife rescuers who advocated for the bird's surrender fell victim to a torrent of online abuse from fans of the Peggy and Molly accounts, leading to a call for calm from Mortensen, Wells and the then Environment Minister. After the return of Molly, wildlife rescuers reported a spike in magpies being captured without licences by people who wanted to keep them as pets.

Following news of the Supreme Court decision, the couple’s manager Chelsea Bonner called the matter a “ridiculous waste of Australians’ time and money”.

“I guess we will have to await those (next) steps to know what the outcome for Molly will be in this case,” she added.

Bonner owns the rights to the Peggy and Molly name and is developing an animation about the pair.

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