Bayside Council takes pensioner to court for feeding birds on his own property

A DISABLED pensioner prosecuted and fined $550 for feeding birds in his Highett front yard says he has been left feeling “bullied and harassed” by his council.

A DISABLED pensioner prosecuted and fined $550 for feeding birds in his Highett front yard says he has been left feeling “bullied and harassed” by Bayside Council.

Brad Martell said feeding the birds was his way of dealing with debilitating diagnosed anxiety and obsessive compulsive disorder, which have prevented him from working since 1992.

The pensioner has been feeding birds since he moved into his rented Clyde St home 20 years ago and his OCD made it extremely hard to stop.

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Mr Martell said the number of birds visiting his yard had “dropped by 95 per cent” as he tried hard to stop feeding them.

“I walk out the front and they’re all looking at me waiting for me to feed them, but I can’t,” he said.

Mr Martell’s drawn-out saga seemed to have concluded last week when he copped the fine without conviction at the Moorabbin Magistrates’ Court.

Mr Martell’s lawyer advised him to plead not guilty, but he opted to plead guilty to avoid being cross-examined on the witness stand.

“It was a very stressful situation and with my anxiety I don’t think I could’ve handled it,” he said.

“We made a deal that if I pleaded guilty I would escape with no conviction and a small fine, but they gave me $550. Well I tell you, I’ll be paying that over 550 weeks.”

Mr Martell, whose case is the only one to go to court since the council introduced the bird feeding bylaw in 2012, said he will seek seek an explanation from the council about why it “relentlessly” pursued him.

“They went after me like I was a major criminal but all I did was feed some birds,” he said.

Council planning and community services director Hamish Reid said it had been trying to resolve this issue since May 2017.

“Taking this case to court was a last resort,” Mr Reid said, adding that the council had received complaints about the bird feeding.

“Mr Martell has not complied with his legal obligation to stop feeding birds and we are disappointed that he continues to disregard our repeated requests.”

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