birding-aus

wedgetail jail and fine

To: Carl Clifford <>
Subject: wedgetail jail and fine
From: "Jeremy O'Wheel" <>
Date: Thu, 27 Sep 2018 12:34:36 +1000
Nah, Silvester is from New Zealand, and just wants to go home, but the
magistrate is saying he'll have to wait until he gets out of prison. It is
definitely the case that you have to serve a year in jail to be deported,
and the magistrate has no say in that anyway - it is the Department of Home
Affairs that makes that decision (in the case of prison sentences, usually
automatically).

https://www.gotocourt.com.au/immigration/character-test-visa/

On Thu, 27 Sep 2018 at 11:44 Carl Clifford <> wrote:

> The Magistrates comment Silvester being ‘home’ in NZ were curious.  Sounds
> like moves toward deportation are under way. The Wildlife officers didn’t
> seem to expect that level of penalty. I thing that things are going to get
> even messier for Silvester.
>
> On Wednesday, September 26, 2018, Ross Macfarlane (TPG) <
> > wrote:
>
>> Because he wanted to go home.
>>
>>
>> http://www.abc.net.au/news/2018-09-24/man-poisoned-wedge-tailed-eagles-in-gi
>> ppsland-jailed/10298426
>> <http://www.abc.net.au/news/2018-09-24/man-poisoned-wedge-tailed-eagles-in-gi%0Dppsland-jailed/10298426>
>>
>> '
>> Mr Silvester asked to address the magistrate and said: "[The] Wildlife
>> [department] have lied, they told me it would only be a fine. I just want
>> to
>> put this behind me and go home."
>>
>> "You'll be back home in New Zealand in a month," the magistrate told
>> Silvester.
>> '
>>
>> -----Original Message-----
>> From: Birding-Aus <> On Behalf Of
>> Martin
>> Butterfield
>> Sent: Wednesday, 26 September 2018 4:44 PM
>> To: Jeremy O'Wheel <>
>> Cc: birding-aus NEW <>
>> Subject: Re: [Birding-Aus] wedgetail jail and fine
>>
>> So why did the magistrate make the statement about Silvester soon being
>> back
>> in NZ?
>>
>> http://franmart.blogspot.com.au/
>>
>>
>> On Wed, 26 Sep 2018 at 15:25, Jeremy O'Wheel <> wrote:
>>
>> > You have to serve over 1 year in jail to be deported.
>> >
>> > On Tue, 25 Sep 2018 at 19:27 Kim Sterelny <>
>> wrote:
>> >
>> > > Let's hope they are charged, and treated more seriously. It would be
>> > > pretty appalling if the only person to face legal sanction was the
>> > > one
>> > who
>> > > alerted the authorities (without insisting on immunity from
>> > > prosecution first).
>> > >
>> > >
>> > > And yes, it is most unlikely he would be deported for this alone,
>> > > and given that he is probably the least culpable, I am fine with that.
>> > >
>> > > kim
>> > >
>> > >
>> > > Kim Sterelny, School of Philosophy, Research School of the Social
>> > > Sciences, Australian National University, Acton, 0200, ACT,
>> > > Australia  or 
>> > >
>> > > 61-(0)2-6125-2886
>> > >
>> > >
>> > > ________________________________
>> > > From: Birding-Aus <> on behalf of
>> > Ross
>> > > Macfarlane (TPG) <>
>> > > Sent: Tuesday, 25 September 2018 6:41 PM
>> > > To: 
>> > > Subject: Re: [Birding-Aus] wedgetail jail and fine
>> > >
>> > > Sometimes it's worth reading the article.
>> > >
>> > >
>> > >
>> > http://www.abc.net.au/news/2018-09-24/man-poisoned-wedge-tailed-eagles
>> > -in-gi
>> > > ABC.net.au: Page Not Found<
>> > >
>> > http://www.abc.net.au/news/2018-09-24/man-poisoned-wedge-tailed-eagles
>> > -in-gi
>> > > >
>> > > www.abc.net.au
>> > > Australia's leading source of information and entertainment
>> > >
>> > >
>> > >
>> > > ppsland-jailed/10298426
>> > >
>> > > "Department of Environment, Land, Water and Planning (DELWP)
>> > > prosecutor Chrisanthi Paganis told the Sale Magistrates' Court that
>> > > Silvester
>> > alerted
>> > > authorities to the deaths in May 2018, one month after he stopped
>> > > working at the farm due to an argument with his boss, landowner John
>> > > Auer.
>> > >
>> > > Silvester provided investigators with two diaries detailing the
>> > > methods used and a hand-drawn map showing where the eagle carcasses
>> > > were hidden and where the chemicals were stored.
>> > >
>> > > Silvester also named others involved.
>> > >
>> > > The prosecutor told the court other people were being investigated
>> > > over
>> > the
>> > > killings but had not been charged."
>> > >
>> > > In other words, the person who's been convicted actually reported
>> > > this matter to the authorities. Had he not done so it may never have
>> > > come to light.
>> > >
>> > > Re deportation: as a country we could do with being rather less
>> > reflexively
>> > > punitive about shipping people off-shore at the first available
>> > > opportunity, if I may say so.
>> > >
>> > > Ross Macfarlane
>> > >
>> > > -----Original Message-----
>> > > From: Birding-Aus <> On Behalf Of
>> > > Philip Veerman
>> > > Sent: Tuesday, 25 September 2018 4:52 PM
>> > > To: 
>> > > Subject: Re: [Birding-Aus] wedgetail jail and fine
>> > >
>> > > It is great that this event has been taken up and prosecuted. So at
>> > > least things have improved. As recently as the 1970s many eagles
>> > > were shot and the remains would be tied up on fences along roads. In
>> > > some grotesque display of bravado maybe or even more dumb, a weird
>> > > idea that eagles would see these as a warning and vacate the area.
>> > > Even under long and heavy such persecution the species remained in
>> > > reasonably strong numbers overall. What would
>> > also
>> > > be interesting to know is whether this mass killing of eagles had
>> > > any positive benefit whatever on lamb survival. I expect it had
>> > > little if any benefit. But the question is worth investigating. I
>> > > assume that the poisoned lambs were already dead...... To be honest
>> > > I am surprised that one person presumably in a limited are could be
>> > > so destructive of a species like
>> > this
>> > > that presumably lives at a low population density.
>> > >
>> > > Philip
>> > >
>> > > -----Original Message-----
>> > > From: Birding-Aus  On
>> > > Behalf Of Ross Macfarlane (TPG)
>> > > Sent: Tuesday, 25 September, 2018 3:24 PM
>> > > To: 'michael hunter'; 
>> > > Subject: Re: [Birding-Aus] wedgetail jail and fine
>> > >
>> > > There has actually been a fair bit of publicity about it, e.g. on
>> > > the
>> > ABC,
>> > > Weekly Times and local papers, and various opinion pieces as well it:
>> > >
>> > >
>> > >
>> > http://www.abc.net.au/news/2018-06-07/wedge-tailed-eagles-suspected-po
>> > isoned
>> > > -in-east-gippsland/9845124
>> > > <
>> > http://www.abc.net.au/news/2018-06-07/wedge-tailed-eagles-suspected-po
>> > isoned-in-east-gippsland/9845124
>> > >
>> > >
>> > >
>> > https://www.weeklytimesnow.com.au/news/victoria/news-story/40c7b8d80f3
>> > 2ebc79
>> > > deaef0b6db1a0f0?nk=f33c876b60bcf8a5b645918eda0f4c3d-1537852780
>> > > <
>> > https://www.weeklytimesnow.com.au/news/victoria/news-story/40c7b8d80f3
>> > 2ebc79deaef0b6db1a0f0?nk=f33c876b60bcf8a5b645918eda0f4c3d-1537852780
>> > >
>> > >
>> > >
>> > https://theconversation.com/mass-slaughter-of-wedge-tailed-eagles-coul
>> > d-have
>> > > -australia-wide-consequences-98011
>> > > <
>> > https://theconversation.com/mass-slaughter-of-wedge-tailed-eagles-coul
>> > d-have-australia-wide-consequences-98011
>> > >
>> > >
>> > >
>> > https://www.theguardian.com/environment/2018/jun/07/more-than-100-wedg
>> > e-tail
>> > > ed-eagles-found-dead-on-victorian-farm
>> > > <
>> > https://www.theguardian.com/environment/2018/jun/07/more-than-100-wedg
>> > e-tailed-eagles-found-dead-on-victorian-farm
>> > >
>> > > etc.
>> > >
>> > > -----Original Message-----
>> > > From: Birding-Aus <> On Behalf Of
>> > > michael hunter
>> > > Sent: Tuesday, 25 September 2018 1:39 PM
>> > > To: 
>> > > Subject: [Birding-Aus] wedgetail jail and fine
>> > >
>> > > The Sale magistrate is to be very highly commended for jailing
>> > > Murray
>> > James
>> > > Silvester for slaughtering Wedge-tailed Eagles.  It is unlikely that
>> > > Silvester will kill native birds again.
>> > >
>> > > As a criminal could he now be deported?
>> > >
>> > > How much publicity did the magistrates decision attract ?  Apart
>> > > from Birding-aus I neither saw nor heard anything about it in the
>> > > National
>> > media
>> > > or elsewhere. From the Conservation view the jailing decision ought
>> > > to be broadcast far and wide.  Much more so than the prolonged
>> > > outcry over culling six sharks in the Whitsundays. Wedgies are a
>> > > much more visible and iconic native than Tiger Sharks.
>> > >
>> > > Like genital mutilation and other unsavoury practices a small number
>> > > of immigrants bring to Australia, shooting or otherwise killing our
>> > > native fauna warrants zero tolerance, in Public Opinion and the
>> > > Courts. Not that Australian born fauna killers are guiltless.
>> > > Publicising the penalties would help a lot to minimise the killing.
>> > >
>> > >                                                Very Sincerely
>> > >
>> > >                                                          Michael
>> > >
>> > >
>> > >
>> > > <HR>
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