His other pet monkeys had died of old age while another was moved because it didn’t get along with Tammy, leaving the 30-something-year-old rhesus macaque to live alone on a property in northwest Sydney.
Mr Cavaleri attempted to get a licence for a crab-eating macaque as a companion for Tammy, but the state government rejected his application and changed the laws on exotic animals.
“It was a ridiculous decision,” Mr Cavaleri said. “Monkeys are social creatures and if they are left alone they become depressed and die early. I could see every day that went past Tammy was getting more withdrawn and depressed,” he said.
Tammy may yet get another companion after Mr Cavaleri launched legal action and successfully challenged the rejection of his application in the NSW Civil and Administrative Tribunal last Tuesday. The tribunal ordered the matter be reheard at a date to be set.
Mr Cavaleri has now hired a heavy-hitting legal team led by former NSW Attorney-General John Hatzistegos.
He got Tammy in 1996 from a circus trainer, and, until her retirement, she did occasional TV work and photo shoots. Mr Cavaleri is one of only a few people in Australia licensed to own any type of monkey privately.
John Cavaleri with his monkey. Picture: Jeremy Piper
John Cavaleri with his monkey. Picture: Jeremy Piper Source: Supplied
He applied for a licence to own a crab-eating macaque “because there were no rhesus macaques available”.
Mr Cavaleri, whose monkey licence stretches back to 1996, lodged the application on September 9, 2011.
The Department of Trade and Investment rejected Mr Cavaleri’s application in January 2012 and he appealed the decision to the NSW Administrative Review Tribunal.
Five months after he lodged the appeal, the government passed new laws, which stipulated that crab-eating macaques were restricted to licence holders, accredited researchers or animal supplier licence holders.
The tribunal rejected the appeal. Mr Cavaleri accepted that the new rules had come in but argued that he should have had his matters heard under the old laws, the tribunal heard.
On Tuesday, the appeal panel led by Judge Kevin O’Connor allowed the appeal in part and sent the matter back to the tribunal to be reheard. Judge O’Connor ordered the matter to be heard under the 2012 rules but without the clause stipulating only licence holders, researchers and suppliers can own a crab-eating macaque.
Mr Cavaleri has since obtained four baby rhesus macaques and Tammy is now living with another monkey at a Sydney property.
But he said he will still press on with his fight to legally be allowed own a crab-eating macaque.
“I’m going to keep going to court on the principle of the situation,” he said.
source:news
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