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A notorious animal smuggler has had thousands shaved off his fines after one of Australia’s highest courts found his $45,000 punishment would be impossible to pay.
Niall Cooke, 30, faced South Hedland Magistrates Court in September last year where he was fined $45,000 for hiding a number of reptiles – including a turtle, skinks and snakes – inside his car when he was pulled over by police on Western Australia‘s Great Northern Highway back in 2019.
Cooke was charged with a number of animal trafficking offences after police and biodiversity officers found a black-headed python stuffed in a pillow case inside the Toyota Kluger’s centre console and four pygmy spiny-tailed skinks crammed in the lining of a backpack alongside a dinner plate turtle.
Police also found another backpack in the boot containing a venomous Pilbara death adder in a cooking pot.
Cooke hadn’t even started paying off his $45,000 fine when he appealed in Western Australia’s Supreme Court this month.
Niall Cooke (pictured) was fined $45,000 last year after being convicted of another animal smuggling offence
Cooke had $28,000 shaved off his fine after a judge found it would’ve taken him 18 years to pay off
His lawyers argued the penalty given to the animal smuggler by Magistrate Gavin Maclean was excessive.
The Supreme Court on Wednesday agreed with Cooke’s claims with Justice Amanda Forrester reducing the fine to $17,000.
‘A fine of $45,000 in total was wholly beyond the appellant’s capacity to pay, either immediately or within a reasonable time,’ Justice Forrester told the court.
‘Even if he were able to resume his payments as previously scheduled, it would take 18 years to pay that sum, let alone the other outstanding fines.’
Justice Forrester said the crimes appeared to be ‘opportunistic’ and the animals had only been with Cooke for a few days.
‘One had been in the appellant’s possession for up to four days, but others had only been in his possession for one or two days,’ she said.
Cooke’s lawyers told the court his motives for keeping the animals were strictly for photographic purposes, claiming he only wanted to take pictures of the reptiles before releasing them.
Magistrate Maclean disputed this claim, telling the court during his verdict he believed Cooke had wanted to keep the wildlife for himself.
‘The whole intention of taking these animals was to keep them and that’s the basis that he will be sentenced,’ Magistrate Maclean said in his September, 2022 sentencing.
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A black-headed python (stock) was found stuffed in a pillow case inside the car’s centre console
Police also found another backpack in the boot containing a highly-venomous Pilbara death adder (stock) in a cooking pot
Before his September conviction for smuggling the snakes and turtles, Cooke told the ABC in May, 2018 he was on a better path and was trying to stay out of the courts.
‘I got caught, I’m paying the price, I’m paying off the fines, and there’s a whole new chapter in life now,’ Cooke told ABC’s 7.30.
His 2019 conviction was the third time in five years Cooke was sentenced for smuggling animals in Australia.
His rap sheet of convictions includes more than 40 charges.
One of his more serious convictions related to him boxing up a number of reptiles and sending them from Western Australia to Melbourne in January and June of 2014.
Cooke was hit with further charges in 2016 and 2017 stemming from the Wildlife Conservation Act over allegations he smuggled 80 illegal reptiles.
Magistrate Maclean warned Cooke if he continued to smuggle animals, he could soon be sent to jail.
‘That’s something you might want to bear in mind, apart from your activities as an animal campaigner, Mr Cooke. If it continues, you will be going to jail,’ he said during his September, 2022 verdict.
‘Going forward, if he engages in any behaviour like this, in my view, he certainly should be charged with animal cruelty, which attracts an actual prison term.’
Cooke was found with a dinner plate turtle (stock) stuffed in his car less than a year after telling the ABC he was done with smuggling animals
Four pygmy spiny-tailed skinks (stock) were crammed in the lining of a backpack alongside the dinner plate turtle
Source: | This article originally belongs to Dailymail.co.uk
