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.
Tuesday, 25 May 2010
Mulch ado about nothing - Local news - inMyCommunity - Perth, Western Australia
AS POSTED HERE ... Mulch ado about nothing - Local news - inMyCommunity - Perth, Western Australia
THORNLIE resident Debbie Pagoda wants the same treatment ‘Thornlie tree man’ Richard Pennicuik received when the tree he tried to save was removed.
Ms Pagoda asked to have a verge tree removed from the front of her home by Gosnells City Council, after it fell onto the road during the March 22 storm.
The next day Gosnells City Council chopped the tree in to pieces and left it on the side of Ms Pagoda’s property.
A few days later, the logs were picked up but two large stumps were left.
A week later, Mrs Pagoda called the council and asked for the stumps to be removed.
After another call to council, the stumps were mulched by a machine and left in a large pile on the verge.
“When I asked to have the mulch taken away I was told I could have it for the garden or leave it to decompose, and it was not council’s responsibility to remove it,” Mrs Pagoda said.
“Well I did not need it; it was council’s tree and council’s responsibility and I want an explanation as to why this is not their responsibility.
“The ‘Thornlie tree man’ gets his tree chopped down with all the mess taken away.”
City of Gosnells director of infrastructure David Harris agreed it was the responsibility of council to remove the stump. He said when a large tree was chopped down, council left the pile of resultant mulch on the verge to settle.
“After about four weeks, council checks the site and any remaining mulch is removed,” he said.
“Any mulch that is left at 16 Teakwood’s verge is the responsibility of council and will be removed.
THORNLIE resident Debbie Pagoda wants the same treatment ‘Thornlie tree man’ Richard Pennicuik received when the tree he tried to save was removed.
Ms Pagoda asked to have a verge tree removed from the front of her home by Gosnells City Council, after it fell onto the road during the March 22 storm.
The next day Gosnells City Council chopped the tree in to pieces and left it on the side of Ms Pagoda’s property.
A few days later, the logs were picked up but two large stumps were left.
A week later, Mrs Pagoda called the council and asked for the stumps to be removed.
After another call to council, the stumps were mulched by a machine and left in a large pile on the verge.
“When I asked to have the mulch taken away I was told I could have it for the garden or leave it to decompose, and it was not council’s responsibility to remove it,” Mrs Pagoda said.
“Well I did not need it; it was council’s tree and council’s responsibility and I want an explanation as to why this is not their responsibility.
“The ‘Thornlie tree man’ gets his tree chopped down with all the mess taken away.”
City of Gosnells director of infrastructure David Harris agreed it was the responsibility of council to remove the stump. He said when a large tree was chopped down, council left the pile of resultant mulch on the verge to settle.
“After about four weeks, council checks the site and any remaining mulch is removed,” he said.
“Any mulch that is left at 16 Teakwood’s verge is the responsibility of council and will be removed.
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