Andrew Lockey and Terrence Hull released on bail, charged over Penfield bushfire

Two men have faced court charged with recklessly causing the Penfield bushfire over the weekend, with a magistrate calling one of the accused “extremely negligent”.

One of the men accused of recklessly lighting a bushfire on the first extreme fire danger day of the season has been called “negligent” but not a firebug, as he was released on bail.

Appearing in the Elizabeth Magistrates Court on Monday afternoon via audio visual link from the cells, Andrew Wayne John Lockey, 31 from Penfield, was silent as his duty solicitor asked the court to free him on bail.

Mr Lockey, as well as his co-accused Terrence Christopher Hull, has been charged with recklessly causing a bushfire after emergency services were called to a blaze north of Adelaide on Saturday afternoon.

Terrence Hull and Andrew Lockey (below) were released on bail at the Elizabeth Magistrates Court over a fire at Penfield. Picture: Brett Hartwig

The fire allegedly started while the two men were using an angle grinder. Picture: Brett Hartwig

Emergency services were called to Womma Rd at about 2.30pm on Saturday after reports a grass fire had been sparked by an angle grinder and was out of control, burning in a southerly direction near the Edinburgh RAAF base.

A CFS alert was issued at 3.28pm advising: “Leave now.”

“This bushfire may threaten your safety. Check that the path is clear and go to a safer place. Do not enter this area as conditions are dangerous.”

CFS volunteers on 38 trucks supported by the Metropolitan Fire Service worked to prevent the fire from spreading to nearby structures and water bomber aircraft filling from a local dam doused the fire front from above.

Emergency services were called to Womma Rd about 2.30pm on Saturday, with the fire burning in a southerly direction near the Edinburgh RAAF base. Picture: CFS

The court on Monday afternoon heard Mr Lockey has no prior relevant criminal history, and had called emergency services to the scene himself.

“Mr Lockey has been living and working on that farm for a few years now – it is his grandparent’s farm,” his lawyer said.

“I would note that Mr Lockey called triple-0 immediately.”

Prosecutors opposed his release on bail, but Magistrate Karim Soetratma said special circumstances had been met that would allow him to grant Mr Lockey bail.

He said that the legislation giving rise to the bushfire charge was likely intended to protect the community from “firebugs”, but that Mr Lockey was “not such a person”.

“In any case, this was a case of extreme negligence,” Mr Soetratma said.

Mr Lockey was released on bail.

Late in the afternoon, Mr Hull, 31 from Waterloo Corner, also asked the court to release him on bail.

His duty solicitor told Mr Soetratma that his client needed to remain in the community so he could continue working as a disability support worker in order to pay off his mortgage.

Mr Soetratma said the lack of Mr Hull’s prior relevant history made him a suitable candidate for bail and released him.

“It is certainly not the case of a firebug trying to elude detection,” Mr Soetratma said.

The pair will return to court in March.

Outside court Mr Lockey said he was upset to hear about the family who were hospitalised with smoke inhalation.

His co-accused Mr Hull however declined to answer comments, instead sprinting off barefoot away from the media.

Police Commissioner Grant Stevens warned he has zero sympathy for anyone caught lighting fires on the eve of a “very dangerous bushfire season”.

Mr Stevens also told The Advertiser on Monday it was everyone’s responsibility to be conscious of their obligations on fire ban days.

“Anybody who does anything that is either deliberate, negligent or reckless, that puts property or people at risk should expect to be facing serious consequences from the police,” he said.