Kandice Renee Roberts fronts court over bizarre theft following dispute related to construction of fence impacting neighbour's property.
Kandice Renee Roberts fronts court over bizarre theft following dispute related to construction of fence impacting neighbour's property.

Neighbourhood fence fight ends with mother stealing odd item

A LONG-RUNNING neighbourhood dispute over a fence line landed a Capricorn Coast mother-of-three in court.

Zilzie resident Kandice Renee Robertson has been battling her Monaco Drive neighbour in civil proceedings but this month the 35-year-old appeared in court under bizarre circumstances facing a criminal offence.

She was charged with stealing after her neighbour captured CCTV footage of her removing a surveyor's peg and made a complaint to police.

Robertson pleaded guilty to the offence in Yeppoon Magistrates Court on December 19 where the background to the neighbour feud was revealed.

Police Prosecutor Darrell Dalton said both parties were subject to a good behaviour order in relation to a disputed fence.

He said the victim in the stealing matter had built on his block of land prior to Robertson, erecting a near two-metre high pine fence.

The man's house was completed before the construction of Robertson's home began.

At some stage the boundary was the subject of dispute and on September 29, Robertson pulled down the existing pine fence to erect a colourbond one, of about the same size.

That action is at the centre of ongoing civil proceedings.

After Robertson put up her colourbond fence, her neighbour hired an independent surveyor to identify the fence line with a view to having his pine fence resurrected.

"That contractor has placed a white stake above what is believed to be a surveyor's peg at the front of the houses," Sergeant Dalton said.

"The victim notified police that, that peg had been ­removed.

"CCTV footage showed the defendant removing that peg."

Robertson made admissions to police and said she'd removed the peg because it was a safety hazard to her children riding pushbikes.

Police issued her with a warning only.

Sometime over the next few weeks, the peg was removed again, and again CCTV footage showed Robertson responsible. This time police charged her.

In court, Robertson's solicitor Allan Grant said his client was a married woman with no criminal history.

"She accepts that after she was spoken to by police on the first occasion, she should have followed their directions...and she's therefore got no excuse for why she's in court today," Mr Grant said.

The lawyer said the dispute between the neighbours had gone to a Queensland Civil and Administrative Tribunal hearing.

"That matter's now all properly being dealt with in that jurisdiction, which is probably where this matter could have been dealt with as well," Mr Grant said.

Magistrate Cameron Press fined Robertson $400 and did not record a conviction.