Tree man claims win as opponents retreat

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Protester Richard Pennicuik, who has lived up a tree for 98 days in a bid to stop it being chopped down, today vowed to stay there and win his fight.

The father-of-two said tree-loppers, police and council officials had "retreated" after arriving at the tree outside his home in Hume Road, Thornlie, yesterday.

Mr Pennicuik said it was a victory in his campaign to save a 20m-plus eucalyptus melliodora, which the City of Gosnells wants to cut down.

After trying unsuccessfully to coax the 57-year-old out of the tree yesterday, the council staff will now seek to take legal action to get Mr Pennicuik out of the tree.

"The council left last night with all their minions," Mr Pennicuik said today. "We were on the battlefield and they left so we won under admiralty law. We don't know what they are going to do next. I'm going to stay up here today."

Mr Pennicuik began his protest in the tree on December 7 after learning it was one of 22 the City of Gosnells planned to cut down. Following failed negotiations, the council ordered Mr Pennicuik remove a makeshift tree house before threatening to take him to court this week.


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Same schools, different rules

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SCHOOLS with comparable literacy and numeracy rates teaching similar groups of students are treated differently under the $540 million partnership between the federal, state and territory governments intended to improve pupils' skills.

Even being in the same town with similar student test results does not ensure schools are selected for the crisis funding package, which is distributed by the state and territory governments and school sectors.

At Queensland's Bundaberg Central State School, more than half the students -- up to 60 per cent in Year 7 -- perform at or below minimum benchmarks on national literacy and numeracy tests, yet it received no funding.

But Bundaberg North State School, where up to 45 per cent of Year 5 students struggle in reading, and Avoca State School, also in Bundaberg, which has slightly better results, both got money.

ICSEA (index of community socio-educational advantage), the measure of social and educational disadvantaged used on the My School website, is lower for Bundaberg Central at 913 than for Bundaberg North at 935 or Avoca at 974.

Similarly, at Queens Park Primary School in Perth, more than half the students are at or below benchmark -- and as many as 80 per cent in some years -- but it received no funding, while south of Perth, Maddington Primary School with similar results was granted extra funding. The ICSEA measure for Queens Park is 890, while Maddington's is 902.

In the Northern Territory, Bakewell Primary School in Palmerston, where 30-40 per cent of students are at or below the benchmarks, received no funding while Braitling Primary School in Alice Springs, with a similar proportion of struggling students, is included in the literacy and numeracy partnership.

Education Minister Julia Gillard said the bulk of the funding, $350m, was reserved for reward payments to states and school sectors and would be paid on their ability to improve the literacy and numeracy results in their schools.

"The Rudd government is rightly proud of doubling the funding to schools," she said. "This government is putting more money into school education than ever before."

NT Education Minister Chris Burns said the partnership funding would work in tandem with education programs and increasing school attendance as well as more housing, health and early childhood development programs to help boost results.

And Education Queensland regional director for the north coast Greg Peach said Bundaberg Central was receiving additional support to improve its literacy and numeracy results.


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Crunch time in Thornlie tree saga

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THE City of Gosnells will go to court to force Richard Pennicuik down from the gum tree that has been his home since December 7.

A City officer, tree specialists, a traffic management team and security guards attended Mr Pennicuik’s Hume Road property earlier today.

Mr Pennicuik refused their formal request to end his vigil.

Last last year, the City removed several trees on Hume Road because of safety concerns. Mr Pennicuik has refused to leave the tree outside his home over the past three months.

Gosnells chief executive officer Ian Cowie said the City now had little choice but to take the matter to court.

“We have made every effort to avoid court action against the protester, but he has refused to listen to reason, even ignoring the advice of his own lawyer," he said.

"Now the protester faces fines of up to $5000 initially and up to $500 for each day the protest continues.

“Other residents have had their lives turned upside down by this protest. They have been the innocent victims of abuse and bullying.

“The City tried everything to bring this to a conclusion and to offer the man a dignified end to his protest.

"However, every offer we made, including a three-month breathing space to allow the man to come down, was rejected. We will now proceed to court and let the law takes its course."

He said the City of Gosnells would poll Hume Road residents to select replacement trees for the street.


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Convicted criminals lose asset battle

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A convicted murderer and child sex offender have lost their legal fight to stop WA'S Director of Public Prosecutions seizing some of their assets.
Gary White is serving a life jail term for murdering Anthony Tapley at a Maddington property in 2001, while Aaron Bowers was convicted sexually abusing a young girl.
The men's crimes were not committed at properties they own but under the state's criminal confiscation laws, the DPP wanted to take more than $100,000 from White and a house part owned by Bowers.
Last year, a judge dismissed the DPP's application but that decision was overturned today by the Court of Appeal.
Bowers' lawyer says he will take the matter to the High Court.


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Tree man remains defiant

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Neighbours have turned on tree man Richard Pennicuik after he refused to end his 95-day bid to save a tree from council tree loppers.

As Mr Pennicuik stood defiant in his tree, he spoke of multiculturalism and youth affairs.

"I am the living man in the living tree," Mr Pennicuik told a crowd that gathered below his tree.

"I believe in the youth of Australia. You have the solution in your hands."

But he was receiving a hostile reaction from neighbours. One neighbour told ABC an overwhelming number of residents wanted the tree removed as it posed a danger.

The neighbour told ABC that a branch from a similar tree had fallen on his daughter's car, causing $1500 damage.

Mr Pennicuik's comments came after he refused a request to climb down from the eucalyptus melliodora and allow tree loppers to remove the tree, which they say is dangerous.

Police and council workers arrived at Mr Pennicuik's Thornlie home about 11am. The area was declared a work zone and reporters were moved away.

A council representative went up to Mr Pennicuik in a cherry picker and urged him to come down. However, he refused.

The council will start legal action in a Perth court as soon as possible. Council officials want to take the matter to court as soon as this afternoon and want the courts to expedite proceedings.

This week, council threatened Mr Pennicuik with a $5000 fine and a $500 penalty for every additional day he spends up the tree.

Mr Pennicuik was first given 15 minutes to consider his options. That 15 minute window was extended as Mr Pennicuik could not hear what the council worker had to say amid the commotion from supporters, neighbours, reporters, police and council workers.

Another tree that Mr Pennicuik fought to protect, located on the same street, has been cut down.

There are reports that a supporter was involved in a physical altercation with a council worker.

The 57-year-old lived in the eucalyptus melliodora since December, refusing council requests to come down. During that time he unsuccessfully attempted to have the tree heritage listed.

The council argues that the tree could be dangerous because of falling limbs.

Yesterday, Mr Pennicuik's lawyer John Hammond advised him to come down from the tree after the council threatened to issue a $5000 fine. The council could further fine Mr Pennicuik $500 for every day he remained up the tree after the $5000 fine was issued.

Mr Pennicuik remained defiant, saying he would only end his protest on his own terms.


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Police called as council moves to cut down tree

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TREE-man Richard Pennicuik says he is ready for a stand-off today with police and loppers.

Mr Pennicuik, 57, told PerthNow police car were converging at the Thornlie site where he has been protesting among the branches since December 7.

“I am being told that the police are here to control traffic while the loppers are here,” he said.

“The police have already turned up, so that’s a sign.”

Mr Pennicuik said he wanted an amicable solution with Gosnells Council.

But he now says he is more determined than ever to maintain his protest in the eucalyptus on the verge of his Hume Road home.

“They have come here to bully an ordinary man in the street who is standing up for his basic constitutional rights,” he said.



“I said yesterday I wanted a peaceful and honourable solution with the council and this does not look like it, does it?

“I am peaceful and honourable but…I am going to stay in the tree and keep out of trouble and not be a bad person.

“I am not coming down.”

The council says the tree poses a danger to property and public from falling limbs and intends to cut it down.

Mr Pennicuik says he has not seen evidence from the council to back this up and wants it to stay.

Mr Pennicuik’s high-profile lawyer John Hammond this week advised him to give up the protest - or face hefty fines for obstruction.

Mr Pennicuik was forced by council to remove a tree-house where he sat and excercised in January.

Subsequent attempts to have a permanent barrier built around the trunk and to have the tree heritage listed have failed.

Council spokesman Bob Figg would not confirm when the approach would be made, but said council officers and tree loppers would soon visit the tree ask Mr Pennicuik to climb down.

Mr Figg said if the tree man refused, the council would start a prosecution that could cost him a $5000 fine and up to $500 for every day he remains in the tree.

Mr Figg said the council would not name the day the loppers would visit the site as they would not be responsible for any ``media circus’’.


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Tree man's showdown looms

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Thornlie "tree man" Richard Pennicuik's 95 day protest could end today, with police and tree-loppers believed to be heading to his property this morning.

Mr Pennicuik has staged a protest at a City of a Gosnells plan to cut down a eucalyptus melliodora at the front of his home.

The 57-year-old has lived in the tree since December, refusing council requests to come down. During that time he unsuccessfully attempted to have the tree heritage listed.

The council argues that the tree could be dangerous because of falling limbs.

Yesterday, Mr Pennicuik's lawyer John Hammond advised him to come down from the tree after the council threatened to issue a $5000 fine. The council could further fine Mr Pennicuik $500 for every day he remained up the tree after the $5000 fine was issued.

Mr Pennicuik remained defiant, saying he would only end his protest on his own terms.


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'Tree man' to come down soon

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Tree man Richard Pennicuik will come down from his tree, but not today.

He said this morning it was his "intent to come down" but he now needed to work out "the best course of action" for how to do it.

Mr Pennicuik said he was up until 4am with friends and family discussing what to do.

"What we're looking to do is we're looking to get down and we're going to pursue it in the right direction to get down and that's going to take us a little while," he said.

"I'm not going to come down when people tell me.

"I'm going to come down when I want, I'm going to come down on my terms.

"I can't come down looking like an idiot."

Mr Pennicuik said yesterday that he needed "time" to think and talk to his friends and family after receiving legal advice that he should come down from a tree he has called home for three months.

Following a brief telephone conversation just after noon with his lawyer John Hammond, who called him from a neighbour's house, Mr Pennicuik looked down at the gathered media pack yesterday to declare he was staying put.

But this morning he said: "It's my every intent to come down."

"Whether it happens or not is another thing but that is my intent."

Mr Hammond advised his client to come down after he received a letter from the City of Gosnells warning Mr Pennicuik could be fined $5000 fine and $500 for every subsequent day he stayed up.

Mr Pennicuik said this morning discussions last night focused on a track "that was completely wrong" but he would not say what that was. He said it was later ruled out.

Early yesterday speculation was growing that Mr Pennicuik would end his now 94-day protest.

But following the conversation with Mr Hammond, Mr Pennicuik said he did not want the council to make an example of him if he came down.

He said he was prepared to go to jail - a possibility if he failed to pay any fines - over his environmental crusade. He said he was also told his house could be seized.

Mr Pennicuik admitted he could not afford the cost of the fines, but insisted: "I can stay up here for the next 20 years."

He said the council had reneged on a three-month moratorium to take no action.

But the council has said Mr Pennicuik shifted the goal posts when he made new demands for other trees to be spared and a barrier to be erected around the tree outside his house.

The council has maintained the eucalyptus melliodora has a history of being dangerous.

Gosnells mayor Olwen Searle said yesterday she was disappointed Mr Pennicuik had not taken his lawyer's advice.

She said the council intended to visit him and ask him formally to come down, though she would not say when or give a timeframe for cutting down the tree.

Any prosecution would be determined in the courts.

"All the council has ever endeavoured to do is to get Richard to come out of the tree and talk to us and we have given him every opportunity," she said.

Mr Hammond said it was up to Mr Pennicuik whether to heed his advice.

"He is facing prosecution by the City of Gosnells, so Richard needs to make a call on that," he said.

"If Richard wants to remain in the tree he can but there's going to be legal consequences in doing that."

Mr Pennicuik was already forced to remove a tree house in January and had an application to the Heritage Council rejected.


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Fines over edge protection prompt falls warning

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Construction company Morago Nominees (trading as Gavin Constructions) was fined $4000 and the subcontract bricklaying company Airdas (trading as Tyrone Bricklaying) was fined $2000 in the Armadale Magistrates Court in Western Australia for failing to provide edge protection on a building site.

In 2008, two WorkSafe inspectors visited a site where a community centre was being built for the City of Gosnells and found that there were several areas on the first floor of the building that did not have the required edge protection, putting workers at risk of falls of between 2.9 and 3.1 m.

Morago Nominees had previously been issued with five improvement notices and three prohibition notices between December 2007 and February 2008, all relating to the risk of falls.

WorkSafe WA Commissioner Nina Lyhne said that falls were one of the most significant causes of workplace death in the construction industry: “Seven Western Australian workers have died over the past 15 months as a result of falls. An average of a further 1295 are injured each year, many seriously and permanently.

“Plenty of information is readily available on the prevention of falls, and I would expect building companies and bricklayers to be acutely aware of the need to prevent falls. In particular, there was an area on this site where workers were pushing wheelbarrows up a ramp with no edge protection. Around 3 m below them was the concrete ground floor slab onto which they could have fallen.

“In addition, Morago nominees had already been issued with eight notices for offences relating to a lack of fall protection, and obviously had not got the message. We hope the fact that they have been prosecuted will finally get the message through.

“This case also illustrates the value of WorkSafe’s proactive inspection work, as the companies were pulled up on their shoddy work practices before anyone was injured or killed.

“A code of practice on fall prevention has existed in WA for the past 19 years, with the original code being initiated in response to the number of fatalities being recorded in the construction industry at that time.

“The current code is comprehensive - providing information on the identification of common fall hazards and the use of fall restraint and fall arrest equipment - and I urge all employers with workplaces that may contain fall hazards to ensure copies of the code are readily available at their workplaces.”

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West Australian tree man Richard Pennicuik continues protest

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A WESTERN Australian man has refused to abandon his perch in a gum tree, despite his high-powered attorney advising him to end his 93-day protest.

Lawyer John Hammond met his client, tree-man Richard Pennicuik, to read him a section of the Local Government Act which spelled out the city's wide-ranging prosecution powers.

"It is that very broad spectrum that makes it difficult for him to stay up there, unless he wants to take them (the council) on," Hammond said.

Pennicuik, 57, began camping in the canopy of the gum tree near his home in Thornlie, near Perth, on December 7.

The local government intended to cut it down because it believes falling limbs could become a danger to property and the public.


Yesterday, the city said it would take Pennicuik to court for obstruction unless he climbed down and allowed contractors to lop the tall Eucalyptus.

He could face a fine of $5000 and penalties of up to $500 a day if he refused.

Pennicuik said he could not say if he would obey or maintain his protest.

"I don't know what's going on at the moment," he said.

"He (Hammond) thinks I should come down, but I still want time to think about it," Pennicuik said.

"I am not ready to give up.

"I am going to stay up here and think about it. I’m not going to be pressured by anyone."

He said he wanted to discuss the matter with his supporters and friends before making a decision.

"I could stay up another 20 years if I had to," he said.

The government forced Pennicuik to remove a tree house in January.

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'Tree man' remains defiant...and up his tree

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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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Hoon driver fined, licence suspended

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A 26-year-old man has been fined $1500 for test driving a Mini Cooper S at 170 km/h on Roe Highway.

Steven James Atkinson failed to appear in the Perth Magistrate's Court today on a charge of reckless driving and was convicted and sentenced in his absence.

The speed limit for that part of the highway is 100 km/h.

The court was told he had been driving 170 km/h on the highway in Beckenham at 3.44pm on January 30, when he was caught speeding by a multanova.

Auto Classic in Burswood was forced to surrender the $45,000 Mini to police under the State's anti-hoon laws.

Dealer principal Darrin Brandon appealed the confiscation but was told that the bid had failed because he did not qualify for the hardship provisions of the law.

Magistrate Joe Randazzo said: "You wouldn't want to be over on that part of the road at 3.44pm on that Saturday".

He noted that it was Atkinson's first offence but said it had been a dangerous crime.

"To drive at that speed in these circumstances is to court disaster," the magistrate said.

He fined Atkinson $1,500 and disqualified his licence for 10 months - the minimum disqualification is 6 months.

Mr Randazzo said the extra period of disqualification was to act as a punishment and to reflect the need to protect the community.


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Lawyer urges Richard Pennicuik to end tree protest

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THE high-profile lawyer for tree man Richard Pennicuik will advise him to climb down today and end his 93-day protest.

John Hammond confirmed he would meet Mr Pennicuik at noon today and read him a section of the Local Government Act which spells out the City of Gosnells wide-ranging proscution powers.

“It is that very broad spectrum that makes it difficult for him to stay up there, unless he wants to take them (the council) on,” Mr Hammond said.

Mr Pennicuik, 57, has been camped in the canopy of the gum tree on the verge of his Hume Road home in Thornlie since December 7.

Gosnells Council intends to cut it down because it believes falling limbs could become a danger to property and the public.

The city yesterday said it would take Mr Pennicuik to court for obstruction unless he climbed down and allowed contractors to lop the tall Eucalyptus.


He faces a fine of $5,000 and daily penalties of up to $500 a day if he refuses.

Mr Pennicuik told PerthNow he could not say if he would obey or maintain his protest.

“I don’t know what’s going on at the moment,” he said.

“I need time to think about everything.”

Mr Pennicuik was forced by council to remove a tree-house in January.

Subsequent attempts to have a permanent barrier built around the trunk and to have the tree heritage listed have failed.

Mr Hammond said the council has never provided an arborist’s report stating the tree was dangerous.

“It has been a long-running protest but I think Richard has a lot of support from the community,” he said


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'Tree man' may come down today

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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.


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Innocent victims of the Tree Man's crusade

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"Paula" deserves better than to live across the road from Richard Pennicuik.

While he's grabbing the limelight for his three-month protest to save a gum tree, she's fighting for her sanity, her privacy and her home.

Pennicuik has been conducting a one-person campaign to prevent the Gosnells Council from cutting down the last of 22 eucalypts that have been found in dangerous condition on Hume Road, Thornlie.

While he's been bleating about persecution, having now been warned by the council he'll cop a $5000 fine plus $500 a day, this old lady tells a tale of threats by his supporters, sleepless nights and vandalism of her property.

"I was told to go back into my house and die," she told me on talkback radio this week.

Who's breaking the law in this dispute?

Last I checked, the tree was owned by the council on council property.

That makes Pennicuik the offender, who has been trespassing since he climbed onto his perch on December 7 last year.

Despite his protestations, there is no evidence that the council is engaged in a hate campaign against trees.

It's a matter a public safety, following several incidents when large branches fell on properties and the roadway.

Council's initial plan to replace the 22 decaying eucalypts with 35 jacarandas has even been superseded, with an offer to choose replacement varieties.

It's time that common sense returned to Hume Road.

Richard Pennicuik and his tree hugging mates need to be brought down from their cloud cuckoo land.

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Council steps up action against tree man

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The City of Gosnells has stepped up its action against Thornlie "tree man" Richard Pennicuik, threatening to take him to court unless he comes down from the tree.

In a letter sent by its lawyers, the council has said it intends to cut down the Hume Road tree and warned that Mr Pennicuik would be charged with causing an obstruction if he has not come down by the time the lopper arrives.

A council spokesman confirmed this morning that if Mr Pennicuik still refused to come down it would prosecute him through the courts.

However "there is no fixed date" on when it intends to remove the tree.

It is understood Mr Pennicuik could be fined $5000 and $500 for every day he breaches the order to come down.

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

This morning Mr Pennicuik vowed to carry on his fight.

He said the legal threat was overkill and evidence of the council "throwing its weight around".

“I haven’t done anything wrong,” he told 6PR. “They want to make a lesson out of me to the public – if you stand up to the guys in Gosnells council, this is what you’ll get.

“I mean, the council destroyed the amenity of the whole of Hume Road OK by cutting down 19 magnificent gum trees.”

Gosnells mayor Olwen Searle said subsequent requests from Mr Pennicuik through his lawyer John Hammond to save neighbouring trees effectively annulled the council's three month moratorium, which was due to expire later this month.

"The city has waited three months for the protestor 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.

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

"To start saying that the full weight of the law should be applied is draconian, it's just going too far," he said

Mr Hammond, who is in Busselton for a court case, said he had not seen the letter but it could be challenged on legal grounds.

Last month the Heritage Council has rejected an application by Mr Pennicuik to have the tree outside his home heritage-listed.

Council executive director Graeme Gammie said the State Register of Heritage Places was reserved for places of significant cultural value to WA and the eucalyptus melliodora Mr Pennicuik was staying in was not rare as a verge tree in Australia.


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AC/DC fan glassed in the neck outside rock concert

AJA STYLES

March 9, 2010 - 9:33AM

Police tape ropes off the street outside the Irish Club in Subiaco, where the attack occurred. Photo: Channel Ten

A 39-year-old AC/DC fan is undergoing surgery after being glassed to the neck in a fight outside the band's final Australian rock concert at Subiaco Oval last night.

The Thornlie man and his mates could not afford concert tickets and so parked their van outside the Irish Club on Townshend Road, cranked the band's tunes and started drinking, police said.

Just before 1am, another group, who knew the men, approached and a fight broke out.

The 39-year-old fell to the ground during the fracas and was stabbed to the neck with what police believe was a broken bottle.

The man's friends grabbed him and drove him to Sir Charles Hospital but he was later transferred to Royal Perth Hospital for surgery.

His injuries were described as serious.

The eight men believed to be involved in the fight were still to be questioned by police.

The legendary Aussie rock band returned to the home of original frontman Bon Scott to play two concerts, one on Saturday and the second last night, to finish their mammoth Australian tour.

The concerts saw an army of almost 100,000 black-clad fans descend on Subiaco, but up until last night there were no reports of violence.

Police said there were notably a lot less families at Monday night's concert, which drew 46,000 fans.

Consequently there were increased incidents of street drinking and "a significant number" of small volatile groups were ejected from the concert for disorderly behaviour, police said.

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Islamic school leaders accused of fraud

KATE CAMPBELL, The West AustralianMarch 8, 2010, 1:47 pm

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Three Islamic school leaders are on trial accused of defrauding the state and commonwealth governments out of millions of dollars by inflating student numbers to claim extra government subsidies.

Founder of the three Islamic college campuses in Thornlie, Dianella and Kewdale, Abdallah Magar and principles Mark Brian Debowski and Aziz Magdi are standing trial in the District Court on a combined total of 27 fraud charges.

It is alleged students who had left or never attended the school were included on state and federal government census claim forms in order to receive overpayments in government grants.

State prosecutor Paul Yovich said on occasions the false claims were on a "grand scale". He said Mr Magar was the driving force behind the fraud which was designed to make up the colleges fee shortfall in order to balance their budgets.

It is alleged Dr Debowski and Dr Magdi signed the claim forms knowing they were false. Mr Yovich said the colleges did not receive fees from more than half of the student population, many of whom were from poor families.

He said the all the money went to the colleges and the men did not use the funds for personal gain.

Mr Yovich said in some cases the college claimed grants for students who had not been at the college since 2002 or students who have done their entire secondary schooling at other high schools.

He told the jury religion was a non-issue in this trial and it did not matter if it was a Catholic or Presbyterian college at the centre of these allegations.

Major fraud squad officers raided the colleges in January 2007 and charged the three men in 2008.

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Tree man's night fright

The West AustralianMarch 6, 2010, 12:24 pm

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Bill Hatto ©

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Thornlie's tree man Richard Pennicuik woke in fright last night when an Australian flag attached to the tree he lives in was set on fire.

Mr Pennicuik said at about 2am this morning three men in a four-wheel-drive pulled up and set the flag in the 30-year-old gum tree on fire.

"They were yelling my name, 'Tree Man, Tree Man', when they drove up," Mr Pennicuik said.

"Because of the dark I couldn't see who it was so I've got no idea who they were but it seems obvious it was a pre-planned attack."

He said a 17-year-old male who was asleep under the tree alerted him to the fire and was able to put it out.

Mr Pennicuik was not rattled by the incident.

"If the tree caught on fire I would have to jump out but it hasn't bothered me," he said.

But he was sad because the flag represented his fight for freedom of choice.

"It's a joke, people don't value anything," he said.

"It is a symbol of who we are and it represents what I am fighting for, for freedom of choice and my choice is to fight for the environment."

He was not sure whether he would replace the flag, which his wife bought for him a month ago.

Mr Pennicuik, 57, has been camped in the tree in his front yard to protest against a City of Gosnells tree-cutting program since early December.

He said police have been alerted to the incident but there was not much chance of catching the offenders as he did not have details of the vehicle or the suspects.

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Tree Man vows to continue protest despite fire

• Glenn Cordingley 
• From:PerthNow 
• March 06, 2010 2:24PM

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TREE MAN: Richard Pennicuik of Hume Road Thornlie vows to continue his protest. Picture: Baker Lincoln Source:PerthNow

RICHARD Pennicuik has vowed to continue his tree-top protest in WA – despite an Australian flag hanging from the branches being set on fire.

Mr Pennicuik, 57, said three men parked a Land Rover utility underneath the verge-side gum tree in Thornlie that he is trying to save about 2am this morning.

“They were yelling out ‘Tree Man, Tree Man’,” he said.

“I would not make a noise because they could not see me, it was dark.

“That’s the way we operate, we don’t try to make trouble with the neighbours.

“They just started laughing and drove off.

“I was yelling out to my friend at the bottom ‘Ashley, Ashley’ because they had gone to another tree.

“All of a sudden, I noticed the Australian flag we put in the tree 30 days ago was on fire.

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“My mate was trying to put it out with his beanie.

“He was jumping up in the air because it was up pretty high. It was obviously pre-planned because they drove up onto the verge and right underneath.

“Not much patriotism there, is there?”

Mr Pennicuik said it could have ended his one-man campaign to save the Eucalypt, which Gosnells Council says is unsafe and should be cut down.

“If the tree had caught fire, well Eucalypts have got a lot of oil in them,” he said.

“If it (fire) had taken off that would have been it, I would have had to jump out of the tree.”

Mr Pennicuik has been in the tree since December 7 last year.

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