A "complicated man" who rode about on a scooter lighting pandanus bushes on fire in July and August last year has pleaded guilty to 17 charges in Darwin local court today.
CCTV and dash cam footage assisted police in their investigations, leading to the man's arrest in September last year on a number of fires in Yarrawonga, Palmerston and Darwin.
Barrister Peter Maley appeared for the defendant, negotiating a plea of guilty to a fresh series of charges, and the withdrawal of his client's more serious ones, section 2-44 'Person Cause A Bushfire'.
Maley said in court this morning: "You'll note there's a large number of charges. Counts 19 through to 35 have been laid today. They're offences contrary to section 72 of the bushfire's management act."
The defendant faced up to 15 years imprisonment on the previous charges 1 to 18.
The prosecution read out the charges: "You stand charged that on 20th July 2023 Yarrawonga, you did intentionally light a fire within the fire protection zone, or within a fire danger area, within a fire danger period, namely MacKenzie Place in Yarrawonga, while not authorised by permit to light a fire."
The other dates included 10th July at MacKenzie Place in Yarrawonga, between 15th and 16th July at Benison Road Winellie and Palmerston, 19th July at Knuckey's Lagoon, three counts on the 19th July in Darwin and a further four locations on the 5th August, not read out in court.
Maley said his client was "going around on a scooter lighting pandanus", describing the incidents as brief "flare ups" that would "smoulder away".
"It would flair up and die pretty quickly. It hadn't been burnt in a number of years. There's no suggestion of any property damage."
Maley identified the judge as being a born and bred local, and likened the fires to the past time of "a recreational activity for kids at Humpty Doo".
"Why would he do that, your honour? He is a complicated man. He is on the spectrum, in terms of autism.
"He said he has no satisfactory explanation for what he was doing. He said it seemed like a good idea at the time.
"He's 37. He's born and bred in Darwin. He's always worked. He's a parts interpreter, and is currently a service manager.
"He is a man who is pretty finicky [in his work].
"He checks the quality of the work being done. He earns $65,000 a year.
"He's got no prior convictions. He had matters that were dealt with, without conviction, in 2006 and 2007, which shouldn't trouble the court in terms of what's happening here."
Earlier this year, the charges went through a Preliminary Examination Mention before going to the NT Supreme Court.
Maley said the crown was written to about the charges, before the matter returned to the plea before Darwin local court.
Maley said: "It's conduct which he didn't realise was as serious as it is, lighting fires in a bushfire protection zones at that time of the year.
"It was technically an offence under the bushfires management act.
"It is offending which is whilst over a lengthy period of time, was pretty immature and stupid, and whilst there might have been a potential for a grassfire to follow the pandanus burning, fortunately no such fires spread, consistent with the location of the pandanus bushes, and there was no structural property damage.
"Likely the biggest inconvenience was to the Northern Territory Fire & Rescue who would come out, and by the time they got out there they had to put out the smoldering remains of the pandanus bush.
"Your honour, I'm asking the court to consider dealing with this matter by bond or a fine, and given the large number of charges, taking into account there will be a large number of victim's levies.
In their submissions to the court, the prosecution said: "As he has rightly pointed out this has required the attendance of the fire service during peak dry season when they are already effectively under the pump dealing with fires.
"[The defendant] participated in a full electronic record of interview, and in that electronic interview he made full admissions on how he was starting the fires. He wasn't using accelerants, it was with a cigarette lighter.
"However, he did admit that he had no means of extinguishing those fires and would leave before seeing what happened with those fires.
"He would leave on his scooter, and there was no effective monitoring to make sure those fires were under control.
"I understand from what he told the police in the interview was that he used to actually volunteer as a fire fighter, so in those circumstances the prosecution would say he [inaudible] know the inherent consequences of starting those fires.
"He was somewhat motivated by a want to perform some backburning that he felt had not been properly done in the lead up to the dry season, and effectively taking those matters into his own hands.
"The prosecution also concedes that his criminal history before your honour is irrelevant for this current sentencing exercise.
"He hasn't spent any time in custody, reparable to this offence. He was granted bail by police on arrest."
The prosecution said a clear message needed to be sent to the community about the inherent danger of lighting fires, particularly during the dry season.
"Focusing on general deterrence, denunciation and just-punishment, and again noting the number of charges your honour is dealing with, and those motivations in ensuring that the defendant does not light any fires in future."
In her sentencing the judge said: "You're a person of 37 years of age, and you've done a foolish thing. It was the height of the dry season. You were lighting small fires in public places, without authorisation.
"I accept that you used no accelerant, and that perhaps explains why the fires were of such limited scope.
"I agree with counsel that the most significant aspect of this offending is the waste of our public resources, and fire emergency services needs to be attending and planning backburning and attending real emergencies, not burnt pandanus; not as you were doing.
"I take into account your income. I take into account there was no structural damage as a result of your offending.
"In all those circumstances I impose a conviction and a 12-month good behaviour bond with 16 victims levies, at $150 each."
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[Note: The image used to accompany the story was not taken during any related incidents, and is a generic burning pandanus]
