Brumby Watch Australia - GFRNP - Court Case ______________

On 4th July, the court case between the RSPCA and NSW National Parks and Wildlife Service (NPWS) concluded, with NPWS escaping conviction over the slaughter of these brumbies.

4th July, the Australian Broadcasting Commission reported that environmentalists welcomed this decision. Summarised as follows-
Twelve charges against NPWS alleging cruelty to animals were dropped, in favour of a guilty plea to a new charge. The National Parks Association and Colong Foundation for Wilderness says the way is now clear to remove the remaining brumbies from the Guy Fawkes River National Park.
Environment Minister Bob Debus says the brumbies will be removed by expert handlers and then will be found homes.
Andrew Fraser MP, Coffs Harbour, accused Environment Minister Bob Debus of covering up the actions of the NPWS during an aerial horse cull in October 2000.
Mr Fraser is calling for an inquiry into the matter, despite the dismissal of animal cruelty charges against NPWS in Sydney's Downing Centre Local Court.
Mr Fraser says he will forward evidence of the cull in the Guy Fawkes River National Park, to the Independent Commission Against Corruption. He says he does not have a problem with the culling of wild horses, but NPWS should be made accountable for its mismanagement of the horse cull.
He said "I believe this Minister should have prosecuted his own department for damage to the watercourses which other farmers and other people are actually charged with on a regular basis."
"This whole thing's been swept under the carpet ... now we have to really have a proper investigation into what went on."
Environment groups have reacted positively to the dismissal of charges against NPWS.
The Colong Foundation and the National Parks Association of New South Wales are now calling on the State Government to lift a ban on aerial culling of feral animals.
The director of the Colong Foundation for Wilderness, Keith Muir, says the court decision vindicates the actions of the NPWS during the horse cull.
"It is an emotive issue, I think that Andrew Fraser beat the story up to billyo, that really the service was doing the right thing," he said. "There is definitely no need for any further inquiries into this matter, there's been no conviction against the Parks Service, there is definitely no further need to pursue a vendetta against the Service on this matter."

The Daily Telegraph newspaper reported: Summarised as follows-
The NPWS said its ban on aerial culling of horses would continue - despite being cleared of any
wrongdoing in the controversial killing of 606 horses at Guy Fawkes River National Park.
The service escaped conviction in the NSW Local Court on animal cruelty charges stemming from a legal brumby cull in October 2000.
One horse out of the 606 shot from helicopters was found alive with bullet wounds two weeks later and put down by RSPCA officers.
A magistrate dismissed the charges brought against the service by the RSPCA. The cull, conducted by NPWS contractors from helicopters over three days, provoked public outrage, forcing aerial shooting of brumbies to be banned.
The NPWS had pleaded guilty in the Downing Centre Local Court, Sydney to one charge of committing an act of cruelty during the cull, acknowledging "unintentional cruelty upon a small number of horses".
Eleven charges were dropped in exchange for the one guilty plea, which centred on the one mare found alive with two bullets in its body at least a week after the cull.
Magistrate Grahame Hanson recorded no conviction, telling the court: "Without proceeding to conviction the charge is dismissed." But he ordered the service to pay the charity's legal costs, amounting to $50,000.
Hanson told the court that while people felt "revulsion" for the cruelty, all the evidence pointed to the culling being carried out professionally by officers of the NPWS.
"Like all activities, an inevitable risk which is least desired . . .may come to pass," he said.
NPWS director-general Brian Gilligan said independent experts found the "operation was professionally and humanely carried out . . . But accepted there was evidence that at least one and possibly up to four horses may have unintentionally suffered".
Mr Gilligan of NPWS said. "It is important to stress that this one charge does not relate to the whole operation, but refers to a small number of horses only. While the service is legally obliged under the National Parks and Wildlife Act to remove feral animals from national parks, including horses from the Guy Fawkes River National Park, it was obviously never intended for any animal to suffer in any way. Aerial culling of horses in national parks has been banned in NSW national parks and reserves and the service now uses a range of other methods to remove horses. The service has now changed its approach to wild horse management, which involves working closely with the RSPCA and the community."