Gregory John McGannon still denies he started Adelaide Hills bushfires, and has been knocked out during prison assaults
A veteran CFS volunteer turned arsonist has repeatedly been assaulted in prison and is pleading for mercy from a judge.
Police & Courts
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A veteran CFS volunteer who won a national medal for his efforts fighting fires says his alcohol intoxication is a potential explanation for the “reckless” lighting of seven fires during a fire danger day, a court has heard.
Continuing sentencing submissions on Wednesday, counsel for arsonist Gregory John McGannon told the South Australian District Court he was under the influence when the fires were started, which could be a mitigating factor in the question of motive and intent.
Chris Allen, for McGannon, said his client still denies he was the one responsible for the fires, but has been attacked to the point of losing consciousness during his time in custody.
“My instructions remain that my client denies the offending,” Mr Allen said.
“He’s been assaulted on a number of occasions (in prison), and on three occasions lost consciousness.
“The nature, circumstances and seriousness of the bushfire offences are extremely serious, and there were catastrophic consequences.
“But other than these offences, Mr McGannon has generally been a law-abiding citizen. For 28 years he worked with the CFS, and won the award for 15 years service.”
McGannon, 63, of Hallett Cove, pleaded not guilty to lighting the January 24, 2021 bushfires at Cherry Gardens and Clarendon, and to driving dangerously to escape police.
Prosecutors alleged that, after lighting seven fires, he was caught with cigarette lighters, defaced licence plates and a blood alcohol reading of 0.145.
Since his arrest – during which he told police he spent “30 years in the CFS” – Mr McGannon has maintained he was trying to extinguish the fires, not light them.
A jury however found him guilty of seven counts of arson and one count of driving dangerously to escape police pursuit, but he is yet to show any kind of remorse.
Mr Allen said that according to a psychologist’s report, McGannon “wasn’t necessarily a pyromaniac”, but his likelihood to reoffend couldn’t be ruled out altogether.
“(The psychologist) is of the view that he probably has an alcohol use disorder, and she has some concerns for Mr McGannon’s cognitive function,” he said.
“There is no remorse shown by Mr McGannon, but his age and lack of prior offending show that his prospects for rehabilitation are possible.”
Mr Allen said his client was “extremely intoxicated” during the afternoon the fires broke out.
“That brings into play the question of whether he should be sentenced on the basis that he was in fact reckless, rather than acting with intent,” he said.
Prosecutors told Judge Emily Telfer the only appropriate penalty would be imprisonment, and asked her to take into account the safety of the community during sentencing.
McGannon will be sentenced next month.