Hopping mad, Colin rues long court row to keep roo
A HERVEY Bay man has spent more than a decade fighting for the right to keep a pet kangaroo his daughter raised from a joey, after finding the roo's mother dead on a road at Mitchell in Western Queensland.
Colin Raymond Candy continued his battle in the Court of Appeal on Friday, where he argued his red kangaroo, named Mitchell, was not a protected species and his property was not a protected area.
Mr Candy argued the red kangaroo had been declared a pest and could be killed as game for sale as meat.
He also argued the kangaroo was his property and Queensland Parks and Wildlife Service officers "stole" him from his home in 2001.
Mr Candy told the court the kangaroo would come to his name, even when they were out in the bush for the day.
He initially had a permit to look after the orphaned joey but did not seek a new permit when that expired.
Mr Candy said under the Meat Industry Act, the Rural Lands Protection Act and the Animal Protection Act the species was not protected.
But the three judges took turns to point out red kangaroos were protected under the Nature Conservation Act.
Mr Candy referred them to different bills and legislation to prove red roos were excepted.
Mr Candy was told Mitchell died while with an approved wildlife carer but had since learned the roo might still be alive.
Barrister David Keane, acting for the Crown, said Mr Candy's submissions were "misconceived".
He said it was clear the Nature Conservation Act included kangaroos as protected animals because they were mammals indigenous to Australia.
Mr Keane said Mr Candy could therefore not keep the kangaroo without a permit or licence.
Mr Candy is seeking a retrial to take wildlife officers to court for "mental anguish, loss of kangaroo and economic loss from selling his home".
The Court of Appeal reserved its decision.