The charge relates to an episode at a Griffith City Council meeting on May 13 when the police were called to escort Mr Kirkman out of the building after he confronted Cr Zappacosta in the council chamber.
Mr Kirkman was initially issued with an Apprehended Violence Order (AVO) just hours after the incident, ordering him to stay away from Cr Zappacosta and the council chambers.
However, the incident took on even more gravity last Sunday night when police went to Mr Kirkman’s home and charged him with intimidation.
Mr Kirkman did not enter a plea when he fronted the Griffith Local Court on Wednesday for mention, with his lawyers requesting a two-week stay of proceedings.
But Mr Kirkman has indicated he will plead not guilty to the intimidation charge and contest the AVO when he returns to the court for committal on June 11.
“I’m going to fight everything,” he said. “I just think (Cr Zappacosta’s) going overboard.”
Mr Kirkman maintained he posed no physical threat to either Cr Zappacosta or council staff on the night of the incident, and said he poses no threat to them in the future.
“I’m 62 years old. I’ve got no criminal record. No record at all. I don’t see how they can say I’m a threat to anyone when I’m 62 years old and haven’t committed an offence of any kind.”
Cr Zappacosta said he was compelled to seek the criminal charge given the seriousness of Mr Kirkman’s breach of council security.
“I feel I must pursue further charges as (Mr Kirkman) has gone beyond the limit of what is acceptable by the community in interrupting council procedures,” he said.
“The safety of fellow councillors, staff and members of the gallery has to be addressed at all times. The incident has triggered a review of security issues during council meetings – there have already been changes to the outlay of the chamber itself to delineate areas for public access and areas for council and staff access.”
Mr Kirkman, who claims he simply became frustrated at the failure to gain an adequate answer regarding the removal of asbestos when the incident occurred, said he had no regrets over his actions. “None at all,” he said. “I think I was just standing up for myself. To me, it’s brought the thing to a head.”