Thornlie Tree man lashed in court

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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.


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Teen charged over carjack attempt - The West Australian

AS POSTED HERE ---> Teen charged over carjack attempt - The West Australian
Police have charged a 19-year-old Maddington man over an attempted carjacking in Gosnells last night.

The man is alleged to have approached a 45-year-old Thornlie woman who was sitting in her car in front of boom gates at the intersection of Fremantle Road and Albany Highway at 9.20pm.

He allegedly removed her seatbelt, threatened her with a knife and ordered her to get out of the car but she was able to drive around the boom gates and escaped.

The man has been charged with one count of attempted armed robbery

Ex-mayor offers support to 'tree man'

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FORMER Fremantle mayor Peter Tagliaferri has criticised the City of Gosnells for its treatment of Thornlie’s “tree man”, claiming the council has been “seriously heavy-handed” with Richard Pennicuik.

Mr Tagliaferri said he wanted to help Mr Pennicuik, who he believed had been given “bad advice” about dealing with Gosnells.

“I don’t think the council has the right to order him out of the tree,” he said.

Mr Tagliaferri said Mr Pennicuik’s lawyers should have made a proper application to the council and allowed the matter to go through due process.

However, Mr Pennicuik’s lawyer John Hammond said he did not believe that going through due process with the council would have gotten Mr Pennicuik anywhere considering the council’s current attitude.

Mr Pennicuik has been camped in a tree on the verge outside his house on Hume Road in Thornlie since December 7.

The City of Gosnells claims the tree’s limbs pose a danger to the public and must be cut down.
However, Mr Tagliaferri said the tree could be better maintained so that it would not have to be chopped down.

“The same trees are at Kings Park and no one wants to cut them down,” he said.

Mr Hammond sent a letter to the council’s lawyers offering to end the saga if the council agreed only to remove limbs deemed dangerous by an independent arborist. He also suggested the council pay for the arborist and drop its prosecution against Mr Pennicuik.

However, City chief executive Ian Cowie said the matter would be discussed only once Mr Pennicuik came down from the tree.

“The City has a copy of an existing independent arborist’s report commissioned by the protestor or his supporters which sets out a series of recommendations if the tree were to remain,” he said.

“The City estimates the cost of these works to ratepayers would be around $4000 per tree initially and a total of around $10,000 per tree over a four-ear period. The City will not inflict these costs on ratepayers.”

Mr Pennicuik has been summonsed to appear in the Armadale Magistrate’s Court on April 6.

Mr Tagliaferri said he would visit Mr Pennicuik this week to share his advice.


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Perth man charged with people smuggling

AS POSTED HERE ---> Perth man charged with people smuggling: "A 21-year-old has been charged with smuggling at least five people into Australia.

The man from Thornlie, 18km south of Perth, faces one count of organising or facilitating the proposed entry of five or more persons who are unlawful non-citizens, the Australian Federal Police (AFP) said in a statement.

He is due to face Perth Magistrates Court on Saturday and faces a maximum penalty of 20 years in prison"