Christies Beach man Steven Literacki sentenced in ERD Court after pleading guilty to feeding birds outside home

He says he’s just been doing it out of the goodness of his heart, but an Adelaide court has heard neighbours think this man’s hobby just stinks.

A retired Christies Beach man who spent years leaving food outside his home for birds because he “felt sorry for them” has been sentenced after he was taken to court by his local council.

Steven Literacki, 71, appeared in the Environment, Resources and Development Court earlier this week after pleading guilty to carrying on activity that results in a local nuisance, intentionally or recklessly carrying on an activity that results in a local nuisance and to using abusive, threatening or insulting language to an authorised officer.

His actions led to a number of complaints from neighbours about “unpleasant smells”, rodents and snakes.

Mr Literacki told The Advertiser he started feeding the birds several years ago because he “felt sorry for them”.

“I was doing it for the goodness of my heart for the birds,” he said. “They’re God’s creatures. If we’re not here, they go around looking for food.”

Steven Literacki, 71, of Christies Beach has been sentenced after he was taken to court by Onkaparinga council. Picture: Dean Martin

He said he fed the birds bread and bananas and rejected allegations the food left a bad odour.

“They clean it all up, they don’t leave nothing,” he said of the birds.

During sentencing, Judge Michael Durrant noted there had been a “series” of neighbour complaints and “warning letters” sent by Onkaparinga Council over “many years”.

“This has a long history,” Judge Durrant said. “The defendant has been leaving out food items to feed birds on and around his home at Marnie Ave, Christies Beach, for a period of many years.

“There has been a series of neighbour complaints about the impact on other persons’ property from the presence of birds, food and other pests attracted by the food around the property.

“Occupants of neighbouring properties have continued to complain to the council about the defendant’s conduct, however, their complaints have evolved as the food being left by the defendant was contributing to an unpleasant smell and was attracting rodents and consequently snakes to the neighbouring properties.”

Steven Literacki said he had now stopped feeding the birds. Picture: Dean Martin

The court heard council had “repeatedly” asked Mr Literacki to stop feeding the birds in letters and expiation notices from 2018, 2019 and 2021.

Each time Mr Literacki elected to be prosecuted, but council determined not to do so.

In December 2022, council wrote to Mr Literacki advising him he was at risk of being prosecuted for offences under the Local Nuisance and Litter Control Act and he must cease feeding the birds. He was prosecuted shortly after.

Judge Durrant accepted Mr Literacki was “contrite” and had been diagnosed with autism – but warned that if he did revert back to feeding birds he “may well be” prosecuted again.

“This has been going on for some considerable time, but I do now accept the defendant’s clear undertaking to me that he has stopped putting out food, a fact confirmed by the council, and that he will not do so in the future,” he said.

“The council’s role, as well as the court’s role, is to ensure social cohesion. That is, to ensure that neighbours get along as best they can. The council has had a difficult balancing act in trying to achieve that between the defendant and his neighbours.”

Judge Durrant chose not to impose any penalty or costs due to Mr Literacki’s financial situation.

Mr Literacki said he had now ceased feeding the birds and said the judge “had a heart”.

Originally published as Christies Beach man Steven Literacki sentenced in ERD Court after pleading guilty to feeding birds outside home