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Protester Richard Pennicuik, who has lived up a tree for 98 days in a bid to stop it being chopped down, today vowed to stay there and win his fight.
The father-of-two said tree-loppers, police and council officials had "retreated" after arriving at the tree outside his home in Hume Road, Thornlie, yesterday.
Mr Pennicuik said it was a victory in his campaign to save a 20m-plus eucalyptus melliodora, which the City of Gosnells wants to cut down.
After trying unsuccessfully to coax the 57-year-old out of the tree yesterday, the council staff will now seek to take legal action to get Mr Pennicuik out of the tree.
"The council left last night with all their minions," Mr Pennicuik said today. "We were on the battlefield and they left so we won under admiralty law. We don't know what they are going to do next. I'm going to stay up here today."
Mr Pennicuik began his protest in the tree on December 7 after learning it was one of 22 the City of Gosnells planned to cut down. Following failed negotiations, the council ordered Mr Pennicuik remove a makeshift tree house before threatening to take him to court this week.
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