A man who reportedly ripped the head off a cheeky kookaburra in front of young children at the Parkerville Tavern is set to avoid scrutiny from the RSPCA because the bird did not suffer.

Witnesses have recounted how the man, thought to be in his 40s, allegedly grabbed the bird and swiftly wrenched its head off and threw away the body after it landed on his plate on Friday night.

Kevin the kookaburra was a familiar visitor to the outdoor area of the tavern over a number of years and his love for stealing steak sandwiches and fish from the plates of patrons was well known.

Witness Chantelle, who asked that her surname not be published, said the alleged attack on Kevin had traumatised her two children aged eight and 10.

She was at the tavern to celebrate her wedding anniversary with a pub meal when the horrifying incident unfolded.

“Kevin had flown down onto this bloke’s plate and the bloke grabbed him and I went ‘Oh my god, he’s got him and then he sort of just hesitated for a moment, like seconds, and then put his hands quickly under the table and just ripped his head off,” she said.

“The bird squawked when he grabbed it, obviously, but the sound of that ... it was just horrible and I was just instantly on my feet. It all erupted then, people were very, very angry and yelling abuse at him.”

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“The thing that got me is he just threw the bird on the floor, he just ditched it on the floor.”

Chantelle said she reported the incident to the RSPCA WA and the Department of Biodiversity and Community Attractions.

Camera Icon The Parkerville Tavern is a popular venue for families.

Witness Tania said ten minutes before the incident, Kevin had pinched some of her 16-year-old daughter’s dinner and they had laughed about it.

“He flew down onto another table nearby with a man and a woman. The man grabbed Kevin and ripped his head from his body in one move,” she said.

“He threw the body under the table like trash, and then they both continued their dinner like nothing had happened. Families with children looked on in horror.”

When confronted, she said the man claimed the bird was vermin and told other patrons demanding that he leave to “f*** off”.

The tavern operators had posted warnings about Kevin’s thieving ways. On Facebook they introduced him as a “local ... who has a love of a Parky Steak Sandwich and fish”.

“He is loathed (sic) to buy his own and whenever possible, will sneak up and steal yours.

“Please be mindful of your precious steak sandwich and meals in the garden and in the meantime, we shall continue our negotiations with this chap in the hope that he learns some table manners.”

Parkerville Tavern’s operators have posted on their Facebook page about their disbelief over the “barbaric” incident.

“We are so sorry for those who witnessed this despicable act and whilst for many (especially the children) the memory of seeing such a thing will remain fresh for some time yet, please take comfort in knowing that the whole community is standing together against this type of behaviour,” they wrote.

“This is not the norm and will not be tolerated.

“The matter is being dealt with by the authorities, so we will know more about what the outcome will be soon.

“Thank you for everyone’s support...such a beautiful community...”

Camera Icon The Parkerville Tavern’s garden area was a regular haunt of hungry kookaburra Kevin. Credit: Facebook

Amanda Swift, RSPCA WA Chief Inspector, confirmed the incident was reported to the organisation’s Cruelty Hotline on Friday night and inquiries had been made.

“Sadly, right now under Western Australian law, it does not appear that this horrific act constitutes an offence under the Animal Welfare Act 2002,” she said.

“While RSPCA WA Inspectors can only take action under the Animal Welfare Act where an animal has suffered, the incident with Kevin the Kookaburra may have contravened laws designed specifically to protect native wildlife.”

RSPCA WA Chair Lynne Bradshaw said Animal Welfare law in WA was based on cruelty and suffering, and due to the quick nature of Kevin’s demise, it did not appear to meet the level of suffering required to become an offence under the law.

“Because of that, RSPCA WA Inspectors may not be able to prosecute for animal cruelty,” Ms Bradshaw said.

“If you are outraged by this horrific incident, please take the time to make a submission to the review (into the Animal Welfare Act 2002) currently underway to demand animal welfare laws that protect animals from senseless violence, such as this.”

A police spokesperson said the Department of Biodiversity, Conservation and Attractions was aware of the incident and was conducting a joint investigation with the WA Police Force.

“If the allegations are true, this is a despicable act,” the spokesperson said.