Case revisited: Police respond to Magnet's illegal hunting investigation

Detectives visited the Kiah property of self-proclaimed ethical hunter Clyde Thomas on Monday to investigate his allegations of illegal hunting and trespassing.

The visit by the two detectives came just four days after the Eden Magnet's special investigation into the rise of illegal hunting and alleged inaction by authorities.

“I can confirm that police attended the Kiah man’s residence, and appraised him of the investigation in relation to two incidents,” Detective Inspector Kevin McNeil, from the Far South Coast Local Area Command, told the Magnet on Tuesday.

Mr Thomas was delighted by the detectives' visit. 

“We stirred up a hornet’s nest,” Mr Thomas said on Monday. 

“Those two detectives are now following up on leads, mostly a few phone calls and phone numbers I’ve given them. 

"And they’ve assured me that (local police) will be running surveillance out here to keep an eye on illegal hunting.”

It wasn’t just NSW police jolted into action by the Eden Magnet story, with media and community interest ballooning.

ABC South East radio conducted interviews with key personnel from the two authorities involved in the legislation and policing of hunting in the Eden area - the Department of Primary Industries (DPI) NSW Game Licensing Unit and the NSW Police Far South Coast Local Area Command (FSC LAC).

During the investigation, both authorities were approached by the Eden Magnet for comment on specific allegations of inaction. 

Both declined, referring the newspaper to their respective public affairs and communications’ departments for blanket statements.

But after the Magnet's story, the pressure for transparency increased, resulting in radio interviews with DPI’s Dr Andrew Moriarty and FSC LAC’s Detective Superintendent Peter O’Brien. 

“We’ve taken a number of reports over the last couple of years of animals being shot from the road, but clearly we haven’t placed anyone in custody,” Detective Superintendent O’Brien told the ABC, initially describing these shootings as ‘random’. 

“Obviously what Mr Thomas is referring to isn’t random, he’s actually in contact with some of these people,” the detective then qualified, adding “We are contacting Mr Thomas directly to see if there is any further information that he can assist us with, because what he is alleging and what he is saying is very serious and needs to be dealt with.” 

The DPI, however, was less enthused about reopening the case of the alleged illegal hunting on Mr Thomas’ property.

“Unfortunately on this occasion there wasn’t enough evidence to take this further,” DPI's Game Licensing Unit manager, Andrew Moriarty, told the ABC. 

“There is no evidence and no witnesses actually placing the person of interest on to Mr Thomas’ property,” Dr Moriarty said.

“We have 10 compliance officers around the state now, and we use overt patrols often with the police and national park rangers.

“We also use covert cameras to detect illegal hunting throughout the state.”

Dr Moriarty encouraged concerned members of the public to use the 1800 SHUT IT number to report illegal hunting, while NSW police recommend Crimestoppers on 1800 333 000.

'We need to kill more': farmers claim

Kiah farmer, Ralph Lay, wants deer to be reclassified as 'feral' and regulations lifted to allow for wide-scale culling.

Mr Lay claims farmers' livelihoods are under threat by what has now become a fully blown deer plague, largely caused by protecting the interests of the recreational hunting industry.

“Recreational hunters can’t keep the numbers in check," Mr Lay said.

"And we can’t either. All we’re doing is pruning them. 

“For private land owners like myself, we need to get regulations lifted so that we can deal with an increasing deer population.

“The deer population has continued to grow at alarming rates in the last 10 years throughout south east NSW. 

"(A DPI compliance officer) visited my property and he observed the deer plague one night, using spotlights. 

"We counted between 250 and 300 deer on just one 12-acre paddock. 

"This number of deer has serious ramifications for primary producers, local gardeners and the safety of the general community.”

Mr Lay fears he may lose his status as a primary producer.

“I’m a primary producer, but the way things are going I might lose that status as you have to maintain a certain turnover each year to maintain your primary producer status,” he said.

Mr Lay is calling for the state government to reclassify introduced ‘game’ deer to feral animal status.

Rather than protecting its lucrative recreational hunting industry - estimated to be worth $500 million per annum in NSW alone - the DPI should be staging a major cull, Mr Lay believes.

Clare McMahon, another primary producer running a 300 acre cattle farm on the Kiah, agrees.

“Because deer are classified as ‘game animals’, the rules are ridiculous,” Ms McMahon said.

“You can’t shoot deer an hour before sun up or an hour before sun down, you can’t stalk them, spotlight them, use dogs or vehicles. 

"If they were declared feral we could shoot them, unregulated, on our properties, just like other feral animals such as cats, pigs and dogs.”

And that’s what is needed, Ms McMahon said.

For over 20 years she has run her family cattle farm, but is literally being eaten out of house and home. 

“I tried to stay on top of all the new systems of rotational grazing, but what’s the point?” Ms McMahon said.

“You lock up a paddock so it can grow, and the deer help themselves. 

"Instead of strip grazing, I’m forced to buy hay.”

After months of appeal and negotiations with the DPI, Mr Lay and Ms McMahon were granted a short-term lifting of regulations on their farms, enabling controlled culling. 

“But my contract runs out on October 31,” Ms McMahon said.

“And from November until March fallow deer are protected from all hunting, to enable their numbers to build up again ... just to satisfy the hunters.”  

The farmers report cottage industries such as avocado and nut plantations being driven out of business, prize rose gardens munched, fences pushed over, crops eaten to bare rock, even plastic covered silage split open by antlers. 

Deer are also causing life-threatening hazards and accidents on roads, with a motorcyclist recently striking a deer near the Towamba bridge, with almost fatal results.

Ms McMahon said it was unfortunate that the NSW government was "in bed with the Shooter’s Party", and wouldn't anything to hurt recreational hunters.

Earlier this year, Ms McMahon approached federal Minister for Agriculture, Barnaby Joyce, and Eden-Monaro MP, Dr Peter Hendy, to have the problem recognised as a national problem not just a state issue.

In April, Minister Joyce replied: “I share Ms McMahon’s concerns about the impacts of feral deer on agricultural businesses and the environment."

"The Australian Government acknowledges that feral deer are a major emerging pest problem,” Mr Joyce said.

“In NSW feral deer populations are maintained for recreational hunting under the ‘Game and Feral Control Act 2002’. 

"The NSW DPI is responsible for administering this legislation. 

"Declarations of a non-indigenous species such as feral deer as a pest under legislation are at the discretion of the relevant state or territory,” the minister said.

While the NSW DPI flexes these discretional powers, Ms McMahon and Mr Lay are left staring into the dark, watching the eyes of deer ‘shining like christmas lights’ across the paddocks of their farms, their incomes audibly munched and swallowed. 

“We once asked the DPI if some of the money raised by recreational hunting could be used to compensate farmers like us,” Mr Lay said. 

“But they replied ‘that’s not what the money’s for.’”

'What about my evidence?' Thomas asks

Clyde Thomas claims to have "incriminating evidence" - screenshots of text messages between the alleged illegal hunter and Mr Thomas’ brother at the scene of the crime. 

The screenshots were recorded by the DPI, and have been withheld despite Mr Thomas’ request for access, prompting Mr Thomas to declare the incident a "cover up". 

The Magnet asked DPI's Game Licensing Unit manager, Andrew Moriarty, to respond to Mr Thomas' claims.

It also sought his comments on farmers' call for deer to be re-classified as feral animals.

Yesterday, the paper was provided with the following response by a DPI spokesperson.

"The Department of Primary Industries Game Licensing Unit undertakes surveillance activities throughout the state," the response said.

"Currently, camera surveillance activities are being undertaken in the South East, including the area in question.

"The Game Licensing Unit was shown a number of text messages in relation to this matter. 

"This information along with other evidence was considered in the investigation and review process. 

"After review of the available information, the Game Licensing Unit deemed there was insufficient evidence to pursue a prosecution. 

"The Game Licensing Unit works with land managers to assist them to manage game animal impacts, and this includes enabling suspensions of game hunting regulations," the spokesperson said.