Court costs broke the Big Fig Tree Fight
Big Fig Tree Fight
Melina Capogreco says fighting to save Big Figgy from Douglas Shire Council destruction in the courts stood to break her financially, but she has vowed to create a lasting legacy after the Rex Smeal Park tree is gone.
Mrs Capogreco discontinued the legal proceedings in the Supreme Court which were scheduled to be heard on November 16, triggering council to reset its removal work of the fig tree in Rex Smeal Park from Monday, November 9.
“Progressing to a final hearing would have created a significant financial risk and burden to myself as a private citizen,’’ Mrs Capogreco said.
But the action of an emergency court hearing to stop the chop just a couple of hours into the process on Tuesday, October 20, has unlocked details of the arborist reports Council has not released to the public. An agreement on court costs, however, means that detail must stay with Mrs Capogreco for now.
“As the matter did not progress to a final hearing, any evidence that was provided by the Douglas Shire Council cannot be released or discussed publicly,” she said.
“I have made an undertaking to the Council not to discuss any of the information that was made available to me as part of the legal proceedings in order that each party bear its own legal costs.
“However, it is hoped that that information will be made available to the public through the Right to Information requests.’’
In a release issued Wednesday afternoon announcing the tree removal will recommence on Monday, Mayor Lisa Scomazzon said the reports commissioned by Council found fungal decay had "severely compromised the structural integrity of several load-bearing limbs" and confirmed that while “crown reduction” can reduce loading and branch failures, it "cannot restore structural capacity already lost to decay, cracking or delamination, nor can it slow or stop progressive fungal decay".
After receiving advice from a Brisbane-based barrister, Mrs Capogreco said it was clear the best course of action was for her to withdraw the initial application to the Supreme Court.
“In doing so, I had achieved what I had hoped to achieve which was to examine the decision-making process and assess the expert evidence. That is a privilege that the legal process has afforded to me,” she said.
The GoFundMe page set up to raise funds for the court action was paused at the time the application was removed and Mrs Capogreco has provided avenue for donations to be refunded from around $3500 remaining after the costs of initial action taken.
“With some funds remaining (around $3.5k), we would love to turn this difficult experience into something positive and lasting for Port Douglas. If you would like your donation amount back, please reach out to me via email [email protected] and I will transfer this back to you. Anonymous donations may need to be changed to your name so I can verify.
“If you are happy for me to retain your donation, I have approached the Council to explore the possibility of creating a community-led tree planting project in a suitable public space in Port Douglas,” Mrs Capogreco said.
“Our vision is to plant a collection or avenue of magnificent native trees, particularly rare and threatened species, that will support biodiversity and grow into something truly special for future generations. I have already contacted the Cairns Botanic Gardens to seek expert guidance on suitable species.
“While we may not have been able to achieve the outcome we had hoped for, perhaps, together we can create something even greater - a living legacy where we can remember the tree that brought so many of us together, while giving something beautiful back to the environment and the generations who will come after us.
“Thank you to everyone who stood beside me, donated, signed, shared and cared. Your support has meant more than words can express.
“Our love for that beautiful tree does not end here. Perhaps, this is where something new begins.”
