Donna Rose Beadel landlord of Russell Island property pleads guilty

The landlord of a Russell Island home where a family of six perished has fronted court for failing to have proper smoke alarms fitted at the rental house.

Firefighters inspect the gutted house on Russell Island. Picture: Steve Pohlner

The owner of a 100-year-old Russell Island home where a father and five children tragically died says she wasn’t aware her home was not smoke alarm compliant before they perished in a blaze.

Donna Rose Beadel, 61, submitted a written plea of guilty to Cleveland Magistrates Court after she was charged by police for failing to comply with smoke alarm installation laws as the owner of the Todman Street property, the site of the deadly blaze on August 6 last year.

Horrifically, Wayne Godinet and his five sons perished in the Russell Island fire and three other properties in the vicinity of the century-old home, originally moved to the island from Hendra, also caught alight.

The charge was one of the first to be brought to a courtroom and was among just 44 fines issued at the time, since a strict legislation change in 2017 when the state government required any home being sold, or where a new tenancy starts or an existing tenancy is renewed, smoke alarms be photoelectric.

The laws brought with them a maximum penalty of about $700 for failing to do so.

In January 2022, additional legislation required interconnected photoelectric smoke alarms be fitted in bedrooms as well as other key areas of the property.

The court heard the property was in breach of this legislation.

Wayne Godinet and his five sons perished in the blaze.

Police prosecutor Sergeant Angela Tetley said the January 2022 requirements included the need for smoke alarms in every bedroom, in hallways connecting bedrooms and on every level of a property.

“Compliant smoke alarms were not installed at the dwelling,” Sergeant Tetley said.

Ms Beadel has not been charged with any offence in relation to the deaths of Mr Godinet and the children, and there is no suggestion she has engaged in any other wrongdoing.

Beadel’s lawyer Gary O’Neill said, in a written submission, that Beadel was not aware of the January 2022 fire alarm legislations and believed her property to be compliant.

“In 2012 my client relocated the “old colonial home” from Hendra to a block of land she had purchased on Todman Street at Russell Island,” Mr O’Neill said.

“Prior to the house being removed (from Hendra) it had been completely rewired by a certified electrician and my client engaged this electrician to attend Russell Island where it was fitted with smoke alarms to comply with the (2012) legislation.

“The installation of smoke alarms were part of the development application approved by Redlands Shire Council.

“They were in the dining room, sun room, hallway between two bedrooms,” he said.

Mr O’Neill said Beadel, who resides in New South Wales, had been unable to visit the property for inspection due to Covid-19 border closures from January 2021 to January 2022.

“In January 2022 my client had the intention to reside permanently in the home but due to the Northern Rivers flooding she was unable to as her partner lost everything in the floods,” Mr O’Neill said.

The fire started on one property on Todman St and spread to two others. Picture: 9 News Queensland/Today Show

“In April 2022 she attended the premises and found it completely unkept (by tenants), she cleaned and inspected the property while testing the smoke alarms.

“Unfortunately she was unaware of the legislation change in January 2022,” he said.

Mr O’Neill asked the court to consider that his client’s property had been completely destroyed, she had no criminal history or breaches of a similar nature and that she was unaware she was failing to comply with legislation.

“My client was unable to inspect the property due to Covid-19 and we would ask the court to accept the early plea of guilty and to impose a fine without recording a conviction,” Mr O’Neill said.

Sergeant Tetley said Beadel’s charge is on the greater level of offending “as far as penalty units go”.

“The defendant should be fined five penalty units,” Sergeant Tetley said.

Magistrate Deborah Vasta said Beadel seemed “remorseful”.

“There is no excuse she failed to keep abreast of the laws required, it’s about the general deterrence to other property owners out there,” Ms Vasta said.

“Given her lack of criminal history I think it would be disproportionate to record a conviction against the defendant.

“This matter is still before the coroner and there is no evidence as to if they (the smoke alarms) were working or not.

“There is no room for speculation in the court.

“I am sentencing a homeowner for not complying, I’m not imposing a sentence defined by the tragic outcome,” she said.

Beadel was fined $667.25.

A conviction was not recorded.

Beadel has not been charged with any offence in relation to the deaths of Mr Godinet and the children, and there is no suggestion she has engaged in any other wrongdoing.