Two men accused of hiring arborist to help illegally chop down two large trees while their neighbours were away

TWO men have been accused of hiring an arborist to help them illegally prune two large trees while their neighbours were away.

The house before and after the trees were heavily pruned, and a third tree was legally cut down.

TWO men have been accused of hiring an arborist to help them illegally prune two large trees while their neighbours were away.

Unley Council has launched legal action against Tim Crichton, Zbigniew Bendyk and their arborist, Dylan Tempest, for pruning up to 90 per cent of the crown of one of two Hyde Park river red gums and up to 50 per cent of the other tree.

The trees shortly after being pruned. Source: ERD Court

The larger tree shortly after being pruned. Source: ERD Court

Property owners Justin Struik and wife Amy Simons were in Normanville on the 2015 October long weekend — and came home to find a large proportion of the trees on their back boundary missing.

At the time, Mr Bendyk and Mr Crichton both owned properties behind the couple’s Commercial Rd home.

A directions hearing in the case will be held next Tuesday to decide on a date for a trial, which could last up to a week.

If found guilty, the men face a fine of up to $120,000.

Trees 1 and 2 (as marked) before being pruned. Source: ERD Court

“I was absolutely devastated,” Mrs Simons said.

“I was so upset. The trees have lost their integrity with their branches, so they’re more likely to drop limbs.

“We’re now in a position where we have to decide what we do with the trees.”

She said her children spent less time in their garden now because of fears the weaker trees would drop limbs.

“We’re really upset about the whole thing,” Mrs Simons said.

In documents lodged with the Environment, Resources and Development Court, Mr Crichton and Mr Bendyk say they were following Mr Tempest’s advice that he was allowed to cut dead limbs and those that strayed into the men’s properties without needing development approval.

In an email to the council, Mr Crichton said the trees “were presenting an ongoing risk from both leaf burden and limb/branch dropping” on to his and Mr Bendyk’s properties.

Arborist Kym Knight — employed by Mrs Simons — estimated the larger 23m tree had up to 50 per cent of its crown removed and the smaller 12m tree had up to 90 per cent removed.

A tree (back of photo) allegedly pruned illegally at Hyde Park.

Unley Council says both trees had trunk circumferences of more than 2m, making them regulated trees which require development approval to be felled or have more than 30 per cent of their crown removed.

“Both trees were healthy and actively growing,” Mr Knight wrote in a report for Mrs Simons. Lawyer Craig Caldicott, who is representing Mr Tempest and his company Tempest Trees and Gardens, declined to comment apart from saying his client would plead not guilty. Mr Crichton and Mr Bendyk were not represented in court and could not be contacted.