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Kola deaths - 253 charges

A LANDOWNER and two companies have been charged over the deaths of dozens of koalas at Cape Bridgewater.

The Office of the Conservation Regulator, part of the Department of Environment, Land, Water and Planning, announced on Wednesday that 253 charges had been laid after an incident which saw 70 koalas either killed or humanely destroyed because of their injuries.

The incident came to light in early February 2020 after local resident Helen Oakley contacted the Observer and wildlife carer Sharon Webster, who in turn contacted DELWP.

Ms Oakley had noticed distressed koalas, following the clearing of trees there, after walking past the Knights and Parkers Rd property.

She got permission from the landowner to enter the property to provide any help.

A couple of days later forest and wildlife officers responded, and it became a crime scene as the Office of the Conservation Regulator began an investigation.

Initially the case was misreported in regional and national media as environmental group Friends of the Earth incorrectly claimed it was due to a forestry company clearing a bluegum plantation.

Now, after nearly two years, the regulator has charged the landowner on 126 counts under the Prevention of Cruelty to Animals Act and the Wildlife Act, including 18 aggravated cruelty charges for causing fatal injuries.

A forest and earthmoving contractor has been charged with the same 126 offences.

Both the landowner and the business are accused of clearing habitat which wounded and caused unreasonable pain or suffering to dozens of koalas.

They are also charged with destroying koalas, which are a protected species.

A separate contracting business has also been charged with one cruelty offence under the Prevention of Cruelty to Animals Act for disturbing the koala population.

The Conservation Regulator found at the time that 21 koalas were dead on site and another 49 were required to be humanely destroyed.

It is alleged that following assessment of the dead animals, 70 koalas were identified as experiencing, or likely to experience, pain or suffering in the form of starvation and/or dehydration, and 25 of those koalas had also sustained fractures.

More than 120 koalas were released directly from the incident site back into the wild, with more than 70 animals taken into care, and of those around 60 were released from care into the wild.

The maximum penalty for one charge of aggravated animal cruelty leading to death is a $218,088 fine for a business, and $90,870 or two years’ imprisonment for an individual.

The maximum penalty for one charge of animal cruelty is half of those above while the maximum penalty for one charge of illegally hunting, taking or destroying protected wildlife is $9087 and/or six months imprisonment. An additional fine of up to $908 per head of wildlife may also apply.

The matter is listed to be heard in the Portland Magistrates Court in February.

Ms Oakley said she was pleased the matter had progressed to this stage.

“I do think about it every day,” she said.

“I drive out to Bridgey most days and every time I look at (the site) it reminds me of what I saw, just the destruction and 19 koalas sitting in bare trees unable to get out because of the six-foot high fence.”

As much of a strain was the media coverage after the story went national.

“It was pretty full on, and I wasn’t eating and sleeping well, and I was getting threatening messages (about the Friends of the Earth mistake in blaming the forestry company).

“All I was doing was bringing awareness to the destruction that was going on out there.

“I’m just happy that it’s all just finally come to court.”

Chief Conservation Regulator Kate Gavens said: “We understand the community’s concerns about this case and we have ensured a thorough investigation which led to these charges.”

“Our investigation included gathering a large volume of evidence from the crime scene, as well as mobile devices and witness statements,” she said.

“Techniques such as forensic radiography and pathology were undertaken on all deceased animals discovered on the property to assist in determining when and how the animals died.”

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