A trial has commenced in the NSW District Court involving a former publican accused of intentionally igniting a fire at a pub in 2022.
Prosecutors assert that David Robert Culican raised the pub’s contents insurance prior to the fire incident.
The jury trial is currently taking place in the Queanbeyan District Court.
During the proceedings, the jury has been informed that the former publican allegedly set ablaze a historic hotel after significantly increasing its insurance coverage a few months before the incident.
Culican has entered a plea of not guilty to a charge of willfully damaging property through fire or explosives for financial gain, as well as an alternative charge of damaging property valued over $15,000 in connection with the Globe Hotel fire in Bombala on June 25, 2022.
Mr. Culican appeared in court for the jury trial’s first day on Tuesday.
The court was told that the 42-year-old took over the lease of the establishment in 2019 and resided on the premises, storing many of his personal belongings there at the time of the fire.
In her opening statement, a solicitor representing the Office of the Director of Public Prosecutions claimed that the defendant was experiencing financial difficulties exacerbated by the COVID-19 pandemic and competition from another hospitality venue in the area.
“The accused’s earnings were diminishing at a rate he was unable to control,” stated Crown prosecutor Ms. Mackenzie during the proceedings.
It was noted that Mr. Culican had increased the pub’s contents insurance from $180,000 to $480,000 in November 2021, which prosecutors argue created a motive for him to destroy the contents of the establishment.
Ms. Mackenzie asserted, “He [Mr. Culican] could potentially benefit from a substantial insurance payout. This is what we contend was his financial incentive.”
Evidence presented in court included CCTV footage that allegedly captured Mr. Culican wearing a balaclava and holding a blowtorch before entering his vehicle around 4:13 a.m. on the day of the fire.
The footage also showed him moving significant amounts of personal items within the pub on the night of the incident.
According to Ms. Mackenzie, Mr. Culican denied starting the fire, proposing that it may have originated from a gas heater.
A Triple Zero (000) call was placed at 4:19 a.m. after nearby campers, who testified during the trial, were awakened by the flames.
The historic building, established in 1857 and situated on Bombala’s main street, was ultimately demolished due to the extensive damage.
In his opening statement, Mr. Culican’s defense attorney, Richard Thomas, urged jurors to await the presentation of all expert evidence before reaching a conclusion regarding the fire’s cause.
“The primary consideration must be the cause of the fire,” Mr. Thomas emphasized. “There were numerous plausible accidental explanations for the blaze. No one can assert they witnessed David igniting the fire.”
Mr. Thomas indicated that Mr. Culican had raised the insurance coverage because the building had new owners who required an updated policy.
He added, “He had invested significantly in the property, and that was not reflected in the insurance policy.”
The defense also rejected the notion that the business was in distress, asserting that Mr. Culican was rearranging items in the pub in anticipation of a potential lease change.
A series of witnesses are expected to provide testimony throughout the trial, which is overseen by Judge David Scully and is projected to last for ten days.
