Activism; Thornlie Tree Man Style

In more recent times during his attempt to protect 'his tree' Richard Pennicuik has focused on some technical legal aspects of the Australian Constitution.
The Australian Constitution can only be changed by a National Referendum.
On September 3^rd 1988 such a Referendum was held and the Australian people were asked, "Constitution Alteration (Local Government) 1988.... 119A, "Each state shall provide for the establishment and continuance of a system of local government, with local government bodies elected in accordance with the laws of the state, and empowered to administer, and make by-laws for, their respective areas in accordance with the laws of the state"
The Referendum was unsuccessful in all States, and as such no change was made to the Constitution. Only 33.61% of the Australian population voted "yes" (Australian Electoral Commission).
Australian referenda have a history of strong "No" votes, particularly so during Labour Governments.
To quote Larry Hannigan, "Thus - Local Councils cannot make ANY laws or by-laws without a Referendum. (and) No other conclusion can be derived from this result other than that Local government was not lawfully recognized by the people of Australia, who are the Government of Australia through their agents the Parliaments" (http://www.larryhannigan.com/book/councilpowers.htm April 2^nd, 2010).

James Dean, who is what we here in Australia may call a 'bush lawyer' has become a close and trusted advisor to Richard Pennicuik. Based on advice given to him by James Dean, Richard has decided to challenge the legal validity of the City of Gosnells Shire Council. If this legal approach is successful every Town, City and Shire Council in Australia could find themselves in 'sticky waters'. 'Local Government' bodies could indeed be in trouble.
Australia has three tiers of Government; State, Federal and Local. Local Governments have always operated with defacto authority conferred to them from State Governments. Local Governmental Authorities often frame and pass their own by-laws.
Despite the defeat of the 1988 Referendum Town and Shire Councils operate much as they did before the Referendum; and though it could be argued that they are unconstitutional it is generally understood that they are endorsed and sanctioned by 'residual powers' somehow granted to them by respective State Governments.

Richard Pennicuik is indeed trying to 'throw a spanner in the works'.
Anyone 'being bullied around by the big boys' can just about guarantee my sympathies and support. I like the see the 'small boys' stand up to fight iniquitous oligarchies. Hopefully my epitaph might read something along the lines of 'always fighting the good fight'.
And, as most of you know I especially like nature. So Richard's plight really took my interest. I worry that Richard's legal stance may place him outside and beyond more common forms of legal redress that could or may apply in his circumstance.
I don't think Richard Pennicuik knew what would ensue after he boldly climbed up and lodged himself into a gum tree in early December, 2009.
He had had dealings previously with the City of Gosnells Council regarding 'his tree', and other trees in his immediate neighborhood. He became especially incensed when he heard that the Council were imminently planning to cut both his tree down and another tree just 'up the road a bit'.
Another gum tree nearby him was home to several native birds that were fed by the 90 year old resident in the adjacent home who was grief stricken on behalf of 'her birds'.
This tree did indeed get 'murdered' by the Gosnells City Council. Richard was unable to camp in two trees simultaneously.

I have been wondering why this case of "The Thornlie Tree Man" has not managed to garner the support and resources of more well established activism networks. From talking to the scattered throng of supporters who frequent and visit 'the tree' it seems clear that people involved in a very large variety of different environmental and indigenous activism networks have, at some time or other visited 'the tree'.
It strikes me that Mr. Pennicuik and his small team of dedicated activists are indeed 'flying a large jet plane by the seat of their pants'. Cohesive or well organized activism does not appear to be abundant at 'this little camp' but I guess none of the 'inner circle' studied 'Activism 101' at a tertiary institution either. However both Daniel Taylor (known as Ground Support) and James Dean appear to work tirelessly in their quest to save 'the tree' and in supporting Richard Pennicuik in doing so. Indeed they have collectively ammassed a great deal of (possibly very useful) 'paperwork' from a large variety of sources garnered from people who have 'dropped by' to lend their support.
I get the impression (from responses I have had whilst trying to garner support from various networks to join and stand behind Richard Pennicuik to save 'the tree' that he and his small band of supporters are considered to be 'cowboy activists'.
This I find very unfortunate as, 'weird politics'* aside many issues are at stake here.

Richard Pennicuik has had much media coverage and much of it has been derisive.
Consequently he and his team have become suspicious of media and have been treating them 'at arm's length'; expecting the worst of them. I suspect they have managed to alienate many who, under different circumstances may have become their allies.
And I suspect that, if they are serious (which they are) maybe they should stop fri**ing about in Lower Courts and directly lodge an injunction in a Higher (federal) Australian Court as soon as possible. Such action would over-rule and over-ride any actions happening in lower Courts.
Indeed when Richard faced the Magistrate (Ms Liz Langdon) in the Armadale District Court yesterday charged with, "obstructing the City of Gosnells in their bid to remove the tree" James Dean was unable to speak on behalf of Richard Pennicuik because, as the magistrate said, "he had not made a proper submission to be recognized as a 'McKenzie Friend' - someone who is not legally qualified and assists a person in court" (PerthNow, 6^th April, 2010).
Outside the Court James Dean argued, ""The legal ramifications of underlining the name and capitalizing (of) the name changes Richard Pennicuik's name. (and) He can't enter a plea under another name. Once they get the name right, and we can enter a plea depending on what the circumstances are, then we'll proceed with the next step." (PerthNow, 6^th April, 2010).
Magistrate Liz Langdon told Mr. Pennicuik he was "wasting the Court's time" with the argument his name had been written incorrectly.
She said the format of the name did not make the prosecution notice invalid and said the adjournment would provide an opportunity for Mr. Pennicuik to "receive advice about the absurd submission you have just made" (PerthNow, 6^th April, 2010).

I think people could be forgiven for wondering where 'the tree' fits in amidst all the attempts at defining political semantics.
Personally I'd like to think that the magnificent gum tree on Richard's Pennicuik's verge in Hume Road, Thornlie will still be standing in a few more years and I am uncertain what may be the best path in bringing this about.
I feel that ancillary support from groups whose aims are sympathetic in some way should be harnessed without any political bias and irregardless of what could be Richard Pennicuik's separate and independent course of challenging the validity of Council Rulings. There may indeed be other means of reversing and obstructing the wishes and intentions of local Councils. But, as I perceive it Richard Pennicuik believes 'his hands are (now) tied' and that this tack of attacking the constitutionality of local Government may have now been 'set in stone' in his campaign to save 'his tree'.
Thankfully 'the tree' is still there and, per usual there is an ever present human camper perched in its majestic limbs. Richard informs me that despite impending colder and wetter weather that there are no plans to change this. And I think I'm glad about that.

My heart is always gladdened when I visit to see that 'the tree', found by a number of independent arborist' reports to be 'un-dangerous' is still standing.
I'd be very happy to see a vast multitude of greenies, tree huggers, indigenous people and all manner of conservation groups rallying alongside Richard Pennicuik, and many people involved with and/or representative of these groups appear to have individually 'dropped by' during his stay up the 'the tree' but somehow any collective power seems to have, thus far, remained untapped and I hope and suspect that there may be a way this may still be achieved.
I haven't got a PhD, or even a Masters degree in 'effective activism' so I am unsure of what may be the best way to ensure the longevity of 'the tree' and of indidivuals having guaranteed and effective input into the process. .
Assistance and suggestions sought.
Meanwhile the self styled "Eureka Stockade at Hume Road, Thornlie continues.

Keep posted.

*weird politics is the term used by some media outlets regarding the political stance taken by Richard Pennicuik in arguing his case to have personal jurisdiction over the tree on the verge of his home that is considered to be owned by the Gosnells City Council.

Other articles I have written on this topic can be found here:
The Thornlie Tree Man
http://www.associatedcontent.com/article/2836820/the_thornlie_tree_man.html?cat=8
Did Elvis Presley Give Native Title to Richard Pennicuik's Tree?
http://www.associatedcontent.com/article/2845036/did_elvis_presley_give_native_title.html?cat=8
Red Tailed Black Cockatoos
http://www.associatedcontent.com/article/2841400/red_tailed_black_cockatoos.html?cat=8
Eureka Stockade Hume Road, Thornlie
http://www.associatedcontent.com/article/2840720/eureka_stockade_hume_road_thornlie.html?cat=8
Further Resources on the Web (7^th April, 2010):
Australian Electoral Commission (AEC) website;
http://www.aec.gov.au/Elections/referendums/Referendum_Dates_and_Results.htm
Wikipedia;
http://en.wikipedia.org/wiki/Australian_referendum,_1988_%28Local_Government%29
Larry Hannigan;
http://www.larryhannigan.com/book/councilpowers.htm
PerthNow;
http://www.perthnow.com.au/