Tree man is ‘fit for trial’ - Local news - inMyCommunity - Perth, Western Australia

as posted here ... Tree man is ‘fit for trial’ - Local news - inMyCommunity - Perth, Western Australia

MAGISTRATE Liz Langdon deemed Thornlie tree man Richard Pennicuik (57) fit for trial, setting a date of October 27 after he pleaded not guilty on Tuesday to a charge of obstruction brought by the City of Gosnells.

He faces a fine of $5000, and $500 for every day beyond a three-month moratorium, for allegedly obstructing the City from removing the gum tree outside his home.

But his supporters have vowed to appeal Ms Langdon’s decision to refuse several applications made in court last Tuesday.

Mark Simonsen sought to represent Mr Pennicuik, referring to his disability as outlined in a doctor’s letter. But Ms Langdon said the letter was insufficient, and further evidence would be needed.

She said Mr Pennicuik was not so disabled that he could not talk to the court and he could seek help through the Mental Health Legal Unit or other services.

She also did not accept Mr Simonsen’s application to represent Mr Pennicuik as a “McKenzie Friend” because he did not have any legal training. A McKenzie Friend can assist a person in court but can not act as a legal representative.

Applications for mediation, for the case to be struck off and for an application against the tree’s removal were also rejected, with the prosecution pointing out the tree had already been removed.

An application by Mr Pennicuik to have the case moved to the Perth Magistrates Court was also rejected and a trail date set for the Armadale Magistrates Court.

During the hearing, Mr Pennicuik asked the magistrate if she believed in Jesus Christ, a question which she initially said was irrelevant, then asked Mr Pennicuik to explain the relevance of his question.

“All laws are based on the Protestant faith and people are innocent until proven guilty,” he said and the magistrate agreed before ignoring further questions from Mr Simonsen.

After the hearing, James Dean, who also attempted to represent Mr Pennicuik last month and was rejected, accused the court of being biased against Mr Pennicuik.

Mr Simonsen showed the media a copy of the handwritten letter given to the magistrate in which a doctor said his patient had severe insomnia, paranoia, anxiety and a degree of bipolar disorder, which Mr Simonsen said Mr Pennicuik had suffered on and off for the past 10 years.

Other supporters of Mr Pennicuik’s 110-day treetop vigil remained outside the courthouse until his case was heard, bringing several misspelt placards calling the City “oxygen thieves” and “environmental vandals”.