Wednesday 10 March 2010

'Tree man' may come down today

as posted here

Thornlie "tree man" Richard Pennicuik may end his three-month protest today.

His lawyer John Hammond is expected to meet with his client at noon to advise him on a letter sent by the City of Gosnells ordering him to come down.

It is understood the legal advice is likely to end the protest and bring Mr Penniciuk down from the tree.

Mr Pennicuik yesterday vowed to remain in the tree outside his home despite the council threatening to take him to court.

Losing patience with Mr Pennicuik's 93-day protest, the city's lawyers have sent him a letter saying the council intended to cut down the Hume Road tree. It warned Mr Pennicuik he would be prosecuted for causing an obstruction if he had not come down by the time the lopper arrived. There was no date for the tree lopping.

Mr Pennicuik, 57, could be fined $5000 and $500 for every subsequent day he stays up the tree if the court agrees with the council.

He said this morning that he had not made a decision and would wait for Mr Hammond's advice.

Mr Pennicuik has been living in the eucalyptus melliodora since December 7.

Gosnells mayor Olwen Searle said yesterday that subsequent requests from Mr Pennicuik through his lawyer John Hammond to save neighbouring trees annulled the council's three-month moratorium, due to expire later this month, to take no action.

"The city has waited three months for the protester to respond to its invitation for independently mediated talks at a neutral venue," she said.

"The only formal response has been made through a lawyer which has added to the conditions for the protest to end including the building of a permanent barrier around the tree."

Ms Searle said the tree was dangerous and claimed there had been 20 "catastrophic failures" of that species of similar age in the past five years.

Mr Pennicuik was forced to comply with another council order and remove a makeshift tree house in January. He said yesterday he had no intention of reacting to what he described as "just a letter".

"I just think it's despicable," he said.

Mr Hammond said the council's approach was "extremely heavy-handed" as his client was prepared to talk to them about a "peaceful solution".

Last month, the Heritage Council rejected an application to have the tree heritage-listed.


as posted here

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