Council for trial on tree lopping

CRIMINAL charges lodged against Cairns Regional Council over the controversial pruning of a flying fox habitat in the CBD are heading towards a magistrates court trial.

The long-running bat tree saga, which started when the council commissioned a private mulching business to trim a set of fig trees on Abbott St in April last year, will likely be heard in November.

The council and Garden Friendly Mulchers face a total of eight charges brought by the Department of Environment and Heritage Protection after they refused to pay fines totalling $25,000 for allegedly noncompliant pruning.

The laws allegedly breached by the two parties forbid the disturbance or “driving away” of flying fox colonies.

If found guilty, the council and contractor could face fines of more than $120,000.

The matter was raised yesterday in the Cairns Magistrates Court, where lawyers representing the council sought to have a five-day trial scheduled for la late November.

However, legal counsel w will have to appear in co court at least once more be before a trial can proceed, withw “case conferencing” andan the number of witnesses n to be called to give evidenceev not yet finalised.

The sitting magistrate willw also need to be informed fo in writing as to why theth trial will take longer thanth the two days usually sets aside for magistrates courtc hearings.

The council will return tot court on October 1 and Garden Friendly Mulchers will return to court on October 15.