BEACONSFIELD pensioner Jan ter Horst is still searching for a resolution to the decades long property dispute that has torn his life apart.
Despite losing vision in one eye and suffering several falls, the 88-year-old reckons he’s in reasonably good health.
“It’s my fight for justice that keeps me going.”
Mr ter Horst admits to some struggles with sleep as he ruminates over his experiences of the last 38 years, which include a WA record term of 91 days in jail for contempt of court, and his home being firebombed.
• “They’re waiting for me to die, I refuse to die.” Jan ter Horst is still exploring avenues to have his case reopened.
“I’m a victim, totally innocent of everything.”
In 1988, Mr ter Horst attempted to subdivide and sell the empty lot adjoining his property while still protecting his ocean view.
Nearly 30 years later, he has lost his family, his view, and spent over $200,000 on legal fees.
He has raised his concerns with many, including Fremantle council, the Crime and Corruption Commission, the WA ombudsman and Fremantle detectives, to little avail.
Mr ter Horst has been in contact with new Fremantle mayor Ben Lawver in the hopes of getting his issue reopened, though says he is yet to receive a response.
He has good things to say about deputy mayor and Beaconsfield councillor Fedele Camarda, though he believes it is unlikely that a resolution will be found via Fremantle council, particularly after mediation between the two parties fell through 18 years ago.
On the advice of a barrister, Mr ter Horst believes the most likely remedy would be an ex-gratia payment from the Cook government, but the costs to pursue it are a great barrier: “You’ve gotta be a millionaire to fight the bastards.”
• Mr ter Horst was fined for painting protest signs on his house, even though they were an integral part of its heritage listing.
He points to a New Zealand couple’s payout after a fence blocked their panoramic view, although the $75,000 they were awarded by the court falls significantly short of what Mr ter Horst’s seeking, while the money also came directly from their neighbour rather than the NZ government.
Mr ter Horst has also recently written to newly appointed Corruption and Crime Commission boss Michael Corboy in hopes of reopening his case.
Following the advice of one of his late supporters, senator Ross Lightfoot, he is looking for someone to write a book about the ordeal, in hopes to publicise his situation.
Mr ter Horst’s tactics, which notably include painting statements condemning the Fremantle Council on the walls of his property, have attracted many critics, and while he has also had numerous loyal and high-profile supporters over the years, he notes their ranks are thinning.
“Most of the people who supported me are dead,” he said.
As for the critics:
“They’re waiting for me to die, I refuse to die, until I get justice. [a] public apology, [and] compensation.”
The Chook contacted the City of Fremantle and mayor Ben Lawver, but they declined to comment.
by ROSS SAPIENZA