Ballina man who was fined $2800 for cutting down marine vegetation is appealing the decision

The judge in the matter has now excused himself from hearing the South Ballina man’s appeal when it next comes back to court, due to a personal conflict of interest.

David Felsch near the site he cut the trees down.

A South Ballina man fined $2800 for harming more than 230 mangroves in the Richmond River will have more time to appeal his decision to allow him to undergo medical treatment, a court has heard.

David John Felsch, 60, is appealing two counts of harming protected marine vegetation without obtaining a permit in 2018.

Despite pleading guilty in December 2020, it is understood Felsch intends to dispute “the nature of harm” caused by harvesting the mangroves and the subsequent penalty.

He was expected to appear before Lismore District Court on Thursday but a letter to the court indicated he has since been diagnosed with a medical condition that requires treatment.

Judge Jeffery McLennan said Mr Felsch had not provided any medical certificate to the court but was willing to accept his need for adjournment at face value.

Dr Fred Nile and South Ballina man David Felsch outside court.

“I’m prepared to give him a sufficient time to organise both his medical affairs and his legal affairs,” Judge McLennan said.

“We’re giving Mr Felsch a benefit that may be seem to be indulgent but the absence does seem to suggest he has the conditions he does have, it’s not unreasonable to suggest treatment will take some time.”

The matter was adjourned the matter to November 5, which will be heard by another sitting judge after Judge McLennan recused himself due to a potential conflict of interest.

Some of the supporters of David Felsch, who has pleaded guilty to destroying mangroves without a permit in South Ballina in Ballina Local Court.

Judge McLennan told the court he is a longtime donor to the Wilderness Society and would not want Mr Felsch to feel disadvantaged by his judgment.

“The added advantage of mine not having to entertain any arguments whether I should or shouldn’t recuse myself on the basis with my association with an organisation whose primary concern is the protection of wilderness,” he said.