Lighting fire to stop fire? Man’s odd logic challenged

By Monique Preston

Nov 13, 2024

A man’s excuse for lighting a fire at his neighbour’s house was met with disbelief by a magistrate.

A man set fire to a neighbour’s nature strip because he was “worried someone else would light it”, a court was told in an explanation that has been met with disbelief by a magistrate.

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David Moylan, 61, of Mooroopna pleaded guilty in Shepparton Magistrates’ Court to a charge of lighting a fire.

Prosecutor Leading Senior Constable Carita Thompson told the court police were called to a fire on a nature strip on the corner of Runge St and Esson St in Mooroopna shortly before 6.50pm on January 30.

CCTV showed Moylan lit the grass fire on two sections of the nature strip about 6.30pm.

Leading Sen Constable Thompson said Moylan used petrol on a stick as an accelerant for the fire.

She said Moylan told police at the time he had “accidentally spilt fuel” from a whipper snipper and had “probably dropped my smoke or something”.

Moylan’s solicitor told the court she had been instructed that Moylan was mowing the nature strip at his neighbour’s vacant house and had split some fuel.

She said he was “worried someone would light it” with a cigarette so decided to “light it himself, under his watch, in daylight”.

Moylan told the court after he lit the fire, he was “dragging it along with a rake”.

Magistrate Simon Zebrowski was having none of this explanation.

“That doesn’t make any sense to me,” Mr Zebrowski said.

“It doesn’t ring true. It sounds like something that was made up afterwards.”

Moylan was fined $500.