Man who seriously injured native bird on construction site gets good behaviour bond

A 49-year-old man from Adelaide’s north-eastern suburbs charged with intentionally causing harm to a native Australian bird received a $1000 two-year good behaviour bond, without conviction, in the Mount Barker Magistrates Court this week.

The bird was a Masked Lapwing (also known as a plover), which is a protected species and listed as a vulnerable bird under the National Parks and Wildlife Act 1972 (SA).

Although Magistrate Teresa Anderson elected not record a conviction, she told the court that her decision was a finely balanced decision to which she gave earnest consideration and “ought not to be read by the defendant or the community generally as anything other than that the Court and Parliament takes matters of animal abuse seriously”.

The incident occurred on a building site in a new subdivision at Mount Barker. The bird had made a nest on the ground within the site and laid eggs. The construction company was aware of the nest and had been making efforts to ensure workers did not disturb the nesting bird or her eggs.

All contractors entering the site were required to attend the office, sign in and read the Pre-Start Record which informed contractors of any hazards or environmental issues on the site and included information regarding the plover nest. For six weeks there were no issues with the birds.

On 24 August 2021, the defendant attended at the site to remove temporary fencing. As he moved on and off the allotment with fence panels, the plover swooped him. Witnesses observed the defendant pick up a poly pipe and swing it like a tennis racket several times, deliberately aiming at the bird.

The defendant was observed to be angry and determined as he swung the pipe. He made contact with the bird after about six swipes and then continued to strike the bird as it lay injured on the ground, until it ceased moving.

The defendant was charged under SA’s Animal Welfare Act with intentionally, unreasonably or recklessly causing the Masked Lapwing unnecessary harm by hitting it midair and on the ground with a length of pipe. (The RSPCA was not able to pursue the accused for causing its death as the bird’s body could not be located at the scene when Inspectors attended.)

The court was told that defendant and two other men contracted to remove temporary fencing that day did not present themselves for site induction, as required, which would have informed them to be aware of the bird nest and the control measures for the birds onsite

In sentencing, Her Honour said –

“Animals are helpless, whereas human beings are capable of curtailing their behaviour.”

“Causing unnecessary harm to an animal is not accepted by the community.”

RSPCA SA Chief Inspector Andrea Lewis praised the construction company for having measures in place to ensure the bird and her nest were not disturbed, adding that the case reinforced the importance of induction for all contractors before they commenced work on building sites.

“The construction company had clearly done the right thing and prioritised protection of this bird and her nest,” Inspector Lewis said.

“They were reliant on all workers following correct procedures which included site induction, but this defendant and his two co-workers for some reason did not report to the site office before they started work on the site.

“It’s disturbing that anyone would think it acceptable to deliberately take aim at a bird with the clear intention of causing it significant harm.

“This individual could have avoided the area where the plover was swooping, and asked others on the site what to do about the situation, but instead he chose to react with violence.

“It’s a tragic situation, there is no excuse for anyone deliberately attacking a bird that, in this instance, was instinctively protecting her eggs.

“Far from attacking our precious and vulnerable wildlife, every one of us should be doing whatever we can to protect it.

“As we come into the spring breeding season, we remind people to avoid and not disturb nesting birds.”

RSPCA South Australia is the state’s only animal welfare charity with inspectors empowered to prosecute animal cruelty under SA’s Animal Welfare Act.

Members of the public who witness animal cruelty or neglect are urged to immediately call RSPCA’s 24-hour cruelty report hotline on 1300 477 722.

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