Count 2
11 After throwing the firelighters into the bush at McCarrs Creek Road, the respondent drove to Akuna Bay where he purchased some refreshments before driving up Liberator General San Martin Drive in the Ku-ring-gai National Park. Just before 12:30 PM he stopped at the Mount Ellis trig, lit three more Jiffy firelighters and threw them into the bush. At this time the weather conditions were highly conducive to the spread of any fire, with a maximum temperature of 29.4 degrees centigrade, a minimum humidity of 18.5% and peak wind speed of 43 kilometres per hour.
12 At about 12:30 PM the Respondent contacted the Coal and Candle Rural Fire Brigade by telephone and reported seeing smoke in the area of the Mount Ellis trig and walking trail. Fire crews were dispatched to investigate and to fight a fire that was by then expanding to the east. Early in the afternoon, the Respondent attended the fire station. He contacted Roger Pearce, the Brigade President and Deputy Captain, by telephone and offered his assistance in fighting the fire. He was not required at that stage, but was instructed to hold himself available in case he was needed later.
13 He contacted Mr Pearce several times during the afternoon repeating his offer of assistance. He attended the station at 6:30 PM and went with a Rural Fire Service investigator to the location where he had reported first seeing smoke. The Respondent told the investigator that, while seated in his car, he had seen two fires on either side of the trail and smoke near three power poles. The Respondent then assisted fighting the fire until about 6 AM the following morning. On Saturday 9 January 2004 he also assisted in fighting the fire from about 6 PM until mid morning on the following day.
14 The Respondent's involvement in the fire was initially suspected by investigators because the account which he had supplied as to where he had been when he saw the smoke was not possible. He was interviewed by police on 9 January 2004 and gave a very detailed account of his movements that day, including a reference to the place where he claimed to have sighted the fires and to his subsequent reporting of them. He denied any personal involvement in setting the fires, and said, at one stage:
"[Q 164] You know, at the end of the day I'm not someone that's going to go around lighting fires, because I'm not that type of person and, you know, I see how much destruction and the rest of it they do, so you know, I just can't believe people do such a thing like that. You know, I'm not someone that's goin' to go and, and light, light a fire just so, you know, 'cause I'm in the rural fire service, I'll go and put it out, you know, the rest of that. You know, I don't care if go to the rural fire service and not get a call out or anything, you know. Because, you know, fire it, it, it's not, it's not to be messed with, you know, because how big's the bloody fire out there now, you know, and how many acres and the rest of it has it churned through, you know. I don't, I don't do the rural fire service for kicks, I do it to, to give something back to the community……So, I'm not someone that's goin' to go and light a fire just so I can put the bloody thing out. That is just ridiculous."
15 The fire the subject of this count continued to burn for five days until 13 January 2004. It burnt an area of 1,480 hectares of National Park with a perimeter of 32.5 kilometres. It is estimated that resources to the value of approximately one million dollars were expended in combating the fire, including 443 personnel, more than 50 vehicles and eight aircraft. There were no losses to private property, although various settlements were threatened. Damage was caused to the water and communications supply to the Akuna Bay Marina. In addition, six fire fighting personnel sustained injuries including a broken ankle, eye injuries, a torn ligament, back injury and dehydration. The fire damaged the habitat of a large number of native animal species that are known to inhabit the area.