Thornlie Tree man lashed in court

as posted here

The long-running Thornlie tree man saga took another bizarre twist this morning when protestor Richard Pennicuik refused to enter a plea in court, claiming that his name was not presented correctly on court documents.

Mr Pennicuik, 57, made his first appearance in Armadale Magistrate’s Court today on a charge of obstructing the City of Gosnells in its bid to remove a tree from outside his home on Hume Rd.

Mr Pennicuik spent 110 days living in the tree before climbing down on March 26.

Mr Pennicuik is facing a maximum fine of $5000, plus $500 for every day he ignores the council’s order.

In court, a subdued Mr Pennicuik, wearing a grey suit similar to the one given to him during a radio station makeover, told Magistrate Liz Langdon he would not enter a plea because his name was underlined, in capital letters and his surname was before his first name on the prosecution notice.

He said this was not his name as it appeared on his birth certificate.

Ms Langdon told Mr Pennicuik his argument was irrelevant and the way his name appeared did not make the prosecution notice invalid.

She described his argument as "absurd" and accused him of wasting the court’s time.

Mr Pennicuik’s supporter James Dean made an attempt to appear in court as Mr Pennicuik’s "McKenzie Friend" - a term which refers to a legally unqualified person who helps someone in court.

Ms Langdon refused to let Mr Dean speak for Mr Pennicuik in court, saying he had not made an application to be a "McKenzie Friend".

Outside court, Mr Pennicuik refused to speak to the media, leaving it to Mr Dean to comment.

"The legal ramifications of underlining the name and actually capitalising the name changes Richard Pennicuik’s name. That's not what his name is on his birth certificate, so he can't enter a plea under another name," Mr Dean said.

"Once they get the name right and then we can enter a plea, depending what the circumstances are, then we’ll proceed with the next step."

Mr Dean denied they were wasting the court's time and that the name issue was another way of obstructing the council or a stalling tactic.

He said local governments were not constitutional and did not have the jurisdiction to "manage or control our Commonwealth land".

Mr Dean said he was qualified to represent Mr Pennicuik and indicated the magistrate might be ignorant of the definition of a "McKenzie Friend".

After Mr Pennicuik came down from the eucalyptus melliodora, another protestor Cameron Johnson climbed up to continue the protest.

The City of Gosnells has instructed lawyers to start legal proceedings against Mr Johnson.

Mr Pennicuik’s case has been adjourned to May 4 for legal advice.


as posted here