The Fearnley dispute: An update by a mate 4

Ed: Tasmanian Times again presents the basic details of a dispute involving a former Flinders Island fisherman/farmer, Paul ‘Charlie’ Fearnley and Queensland primary industry officials and a property where Charlie’s cattle have been agisted. Charlie says he has been in a desperate fight to rescue and save his beloved cattle. TT cannot verify the details of the dispute … but one thing is certain and stark: In the Abbottland that Australia has become it is the most vulnerable who suffer, the least able who go under … in this case, apparently, Charlie’s cows …

My name is Stephen McMahon and I am writing on behalf of Paul (Charlie) Fearnley in regards to his herd of cattle in QLD.

After winning his cattle back, Chaz moved to get them off the farm …

As it happened, we were dropping in for a cuppa on our way to the Gold Coast and on hearing his plans, decided to accompany them to the farm and see out the first day as Stanthorpe was on the way. The lawyers had belted out an agreement for a five-day muster, but unfortunately for Charlie, the fine print in the agreement didn’t quite work in Charlie’s favour. The first day started with the farmer stalling on allowing us onto the property, followed closely by a visit from the police stating we weren’t allowed to camp so close to the road as we were too visible to passing traffic and so we moved camp 1000 metres back over a hill down by the creek and with that the first day was lost.

The second day started out with promise with the team heading off to start the muster but ended a couple hours later with the stock squad and our friendly police officer showing up to inform Charlie that one of his crew had breeched the agreement by driving too close to the house, unaware that no-one in Charlies company were allowed within 500 meters of the house. It also stated that access to the property could be gained only through two gates, neither of which were usable by anything other than a quad bike and so the vehicles and gear had to be left on the roadside and as for the stockyards… Although given full use of the yards, the yards were within 500 meters of the house and so Charlie and co. couldn’t use them anyway. And, of course the policeman had more… We couldn’t camp where we were even though we were nowhere near the road and completely invisible to all. Instead we had to move to his designated site. A gravel pit halfway between Stanthorpe and the farm and 20/30 meters off the road in a total communications black spot…. How very convenient, especially for suspiciously familiar utes to spotlight our camp and hurl abuse on their way to and from work!

Anyway, day three came around with me filling the seat of the expelled musterer’s quad bike and after a successful day, we headed back to camp with the herded cows penned up in the holding paddock to find that my wife and kids had had a visitor of their own… A man had shown up thinking he could help himself to the fuel while the men were away. Fortunately, Charlie and Max had shown up at the right time and set the man on his way, but by this time things were starting to get a little on the scary side and so the wife and kids were packed off to a hotel in Stanthorpe.

Day four and more games. Gates opened through the night and cattle let back out to the back paddocks. By now the paddocks were looking well worn, with car tracks going everywhere. Good thing we were camped 10 km away else we would have been kept awake all night with all the traffic on the property!

But the muster went on with another paddock. The farmer (as part of the agreement) was informed where we would be and even offered advice on how best to muster the paddock. By the afternoon though, while sitting and waiting for the others before going back down into the gully I had just been in, semi automatic rifle fire cut the air so close I nearly fell off my bike. The shots were too close together to be anything else and while looking around for the shooter, spotted him not 100 metres away reloading before he started shooting down into the gully I’d just ridden out of.

Considering that the farmer knew where we were and that his workers weren’t to be in the same paddocks as us, we weren’t too surprised to find out from the stock squad that, according to the farmer, they were clay pigeon shooting with shotguns….. Won’t happen again, terribly sorry.

Of course, the shooter was back the next day and this time in another paddock we were working. But still the muster went on, tensions mounted to fever point with unseen people and vehicles following through the farm as Charlie and his crew mustered what they could of his cattle.

To their credit the boys had managed to bring in a good herd for transport (I had stayed at camp to look after our gear). However, with all the holdup’s, the stock squad “negotiated” with the farmer that we be allowed back on for another day to which the farmer agreed on condition that Chaz and Max weren’t involved, and so it fell on myself and the contract musterer to bring in the last few hundred head.

Bringing the cows through the paddock mustered the previous day, the musterer also managed to find where the shooter had been…. Strangely enough, the “shotgun” cartridges looked a lot more like 22-50 centrefire rifle shells, but once again, in his wisdom the stock squad agent shrugged them off, preferring instead to kick back to a chat and joke with the farmer while we loaded the trucks.
With the departure of the last truck, we were still 240 plus head short but the muster was over. We went East to the coast, Charlie and Max West with the trucks and the contract musterer North and home.

Charlie’ lawyer was left to arrange another date, and so on the 18th of August, Charlie, Max and others headed back to the farm, this time with a helicopter to complete the muster. All the same tensions were there between farmer and hands and Charlie and crew, but a little more insulated, given the helicopter did most of the work. But still, when asked to shoot a calf with a broken leg by the stock squad, the farmer instead slit it’s throat, leaving it to drown in it’s own blood… Maybe he thought it more humane than a single bullet…

As for the condition of the animals, from the first muster the animals looked in better form than those sold by Landmark. The farmer obviously thought he would win the case and started feeding them, but the vet report showed the same results as previous reports. That although being fed up, the cattle were all still recovering from severe starvation and malnutrition, with scarring upside the hide quarters from being too weak to stand, cystlike lumps under the jaw etc. etc.

And given a month before the second muster, the remaining cattle were starting to loose what form they had gained and so now Charlie is nursing another sick herd back to health, while still fighting the “powers” put in place to stop this sort of thing from happening… seems money can still buy you a get out of jail free card in some states!

Hopefully Charlie has sent you the footage of the calf.. Obviously I wasn’t there for the second muster and so I’m a little light on other incidents

But you can bet your bottom dollar there were a few!

• Two other mates attest to Charlie’s good name …

To whom it may concern

I have been associated with Charlie when i was working as a livestock agent for Elders Rural Services in Tasmania ,on Flinders island where the Fearnlys were a loyal and respected farming family.

I worked with Charlie over the course of three years and found him to be a caring and devoted farmer towards his livestock and treated his cattle herd with allot of affection and pride.

Charlie was always good with his accounts and never liked to be owing money.

Charlie to my knowledge has never or could miss treat any livestock as this is a large part of his livelihood and is against his character.

Yours truly

Brad Crofts

To whom it may concern

Re: Charlie Fearnley,

I first met Charlie and his family some 6-8 years ago, walking through the saleyards at Leongatha. He first struck me as a caring family man trying to make his way in the beef industry.

Since that initial meeting I have had several dealings with him in the act of selling his calves, mostly in store sales.

My experiences with him have always been of honesty and endeavouring to do the right thing with his stock. His problems have arisen by the fact that he does not own any land and has had to rely on agisting or lease.

If I can be of any further help, please contact me.

Andrew Grant,

Iivestock / Farm Real estate specialist

Landmark Operations Ltd (ABN 73 008 743 217), 1 Cylcone St Wonthaggi Vic, Australia