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Thornlie "tree man" Richard Pennicuik has met with his lawyer and decided to remain up his tree as he considers whether he will end his three-month protest.
His lawyer John Hammond met with him at 12.10pm. The meeting concluded at 12.17pm, with Mr Penniciuk saying he would think about whether to end his protest.
Mr Penniciuk said he was prepared to go to jail over environmental issues and would not be pressured by anyone.
He wanted gathered media to clear from the scene before discussing his options with his friends.
Mr Hammond advised hs client to come down after he received a letter sent by the City of Gosnells ordering him to come down or face a $5000 fine.
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.
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.
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Local news in and around the City of Gosnells, Perth Western Australia (Now on Facebook, GosnellsNewsOnline)
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