Sunshine North fatal fire: Case against alleged arsonists over deadly factory fire delayed
Phoenix Darren John Tims, 20, appeared in the Melbourne Magistrates' Court on Thursday for what was expected to be the first of a two-day hearing to decide if the case should be sent to a higher court.
But his lawyer, Sam Norton, made an application to adjourn the hearing, saying Mr Tims' lawyers had only recently received a statement from a fire safety expert that was 'directly relevant to these matters'.
Mr Norton told the court the expert had attended the fatal fire in Sunshine North on February 23 last year and had written a report detailing risk factors that could have contributed to the fire and fatal injury.
Mr Tims and a co-accused, Atem Akoi Thon, 20, were charged with offences including arson causing death in July last year after the fire at a Burnett St panel shop spread to a nearby factory where two men were sleeping.
Police allege the duo were acting on the orders of a prison inmate when the fire was ignited about 3.50am.
A 42-year-old father of three identified only as Hai and a 48-year-old man died at the scene.
Mr Norton told the court that Mr Tims had made an offer to plead guilty recently that was being considered by prosecutors.
'It's clear on the prosecution case our client is involved in the lighting of a fire in a building that then spreads to another building and in that building, perhaps surprisingly … the two deceased were essentially occupying,' he said.
Mr Norton said the fire expert's report contained references to factors that were 'directly relevant to our client's culpability', including whether an illegal building had contributed to the spread of the fire.
A third man, Semaj Cigobia, 19, was charged with offences including assist offender (arson causing death) and criminal damage by fire after allegedly burning a vehicle in regional Victoria following the fire.
Neither Mr Thon or Mr Cigobia have entered any pleas.
The case against the three men was adjourned by magistrate James FitzGerald for a committal hearing on September 18.
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