Man accused of starting bushfire in Aldinga by lighting fireworks granted bail by Supreme Court

A man accused starting a bushfire when he shot fireworks out of a car has been released on bail.

A grass fire at Aldinga Beach that was sparked by the use of illegal fireworks.

• Man accused of starting bushfire with fireworks refused bail
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A man accused of firing fireworks from his car on a severe fire danger day, starting a bushfire in the process, has been released on bail by the state’s highest court.

The 31-year-old man from the southern suburbs, whose name is suppressed as investigations continue, was refused bail in the Adelaide Magistrates Court last week but appealed the decision the Supreme Court on Wednesday.

He is accused of firing several skyrocket fireworks from his car in Aldinga on December 28.

One of the rockets narrowly missed a witness and landed in a vacant block.

The firework ignited the grass that led to several hundred metres of the block being burnt and a large-scale emergency services response to bring the fire under control.

Police responding to the fire chased the car a short distance before calling off the pursuit.

The witness reported the licence plate number to police who traced it to the man’s home.

Police are alleging the man refused to answer questions when interviewed by police.

He was arrested and charged with two counts of causing a bushfire, acts to endanger life and fail to truly answer questions.

He was refused bail as a prescribed offender, someone whose offending is so serious they require special circumstances to be released on bail.

In court on Tuesday, the man’s lawyer David Edwardson QC argued that the prosecution case was weak and there was no confirmed identification of the man as the driver of the car.

A representative for the Director of Public Prosecutions conceded that there were “significant issues with the Crown case” but requested Justice Greg Parker dismiss the bail application.

She argued the seriousness of the incident as well as the man being a prescribed applicant, who would have to show special circumstances to be released on bail, were enough to have application refused.

However, Mr Edwardson pointed out the DPP had not argued that the man did not have special circumstances, which would mean he was eligible for bail.

Justice Parker said while the prosecution case was not “particularly strong”, the circumstances of the alleged offending were serious.

He concluded a combination of factors, including the weakness of the prosecution case, the lengthy delays in the court system and the health concerns of his heavily pregnant wife, amounted to special circumstances.

Justice Parker ordered the man be released on bail with no reporting or monitoring obligations once a cash bond had been lodged with the court.