Tree man 'not fit to stand trial' - The West Australian

AS POSTED HERE ... Tree man 'not fit to stand trial' - The West Australian

Thornlie "tree man" Richard Pennicuik will stand trial in the Armadale Magistrate's Court in October after he pleaded not guilty this afternoon to a charge of obstructing the Gosnells City Council.

Mr Pennicuik spent 110 days up the eucalyptus tree in the front verge of his Hume Road home in protest at the council's plan to cut it down on safety grounds.

Mr Pennicuik, 57, faces one charge of obstructing the City of Gosnells in its bid to remove the tree and is facing fines of $5000 plus $500 for every day he ignored the council's orders to cease his protest.

Magistrate Liz Langdon rejected an application from friend Mark Simonson to appear in court as Mr Pennicuik's "McKenzie Friend" - a term which refers to a legally unqualified person who helps someone in court.

She said the doctor's letter provided by Mr Simonson on Mr Pennicuik's mental illnesses was insufficient and that further medical proof would be required.

She also rejected an application for Mr Pennicuik and the City of Gosnells to submit their dispute for mediation and an application for the trial to be heard at the Perth Magistrate's Court.

Mr Pennicuik's application to have the case struck off was also rejected with Ms Langdon saying that this was a matter that could be argued at the start of his trial.

She dismissed the application against the tree's removal after being informed by City of Gosnells lawyer Peter Gillett that the tree had already been removed.

After the applications were dismissed, Mr Pennicuik pleaded not guilty and Ms Langdon remanded the matter for trial on October 27.

Mr Pennicuik then asked her if she believed that Jesus Christ was the son of God.

When asked by Ms Langdon why the question was relevant to his case, he said: "All the laws are based on a protestant faith and that a person is innocent until proven guilty."

"I agree and that's why we have a trial system," Ms Langdon replied.

Outside court Mr Simonson said Mr Pennicuik suffered from attention deficit disorder, insomnia, anxiety and paranoia and suffered a bipolar disorder.

"He's not fit to stand trial and plead his case," Mr Simonson said.

Another friend of Mr Pennicuik, Mr James Dean - who at his last appearance on May 4 attempted to appear in court as Mr Pennicuik's "McKenzie Friend" - said that an appeal would be made against Ms Langdon's dismissal of the applications.

For most of the day outside the court building signs were displayed by a small group of about 10 supporters which read "Gosnells Council: Environmental Vandals. Sack 'Em" and "Oxygen Thieves".

When Mr Pennicuik appeared in court for the first time on April 6, he refused to enter a plea claiming that his name was not presented correctly on court documents.

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