Michael Ryan Warburton charged with arson, assault after alleged Fortitude Valley firebombing

The lawyer representing a man accused of firebombing a Fortitude Valley shop on Boxing Day has claimed the prosecution’s case is “doomed to fail.”

A man has been charged after a Fortitude Valley shop was alleged firebombed. Picture: Steve Pohlner

The lawyer representing a man accused of firebombing a Fortitude Valley shop on Boxing Day has claimed the prosecution’s case is “doomed to fail” due to a lack of evidence.

Ormeau Hills resident Michael Ryan Warburton, 34, faced Brisbane Arrest Court on Friday afternoon after his arrest yesterday for the alleged arson.

The court was told the Victorian-born roofer was accused of possessing a firearm when he allegedly entered Fortitude Valley’s Tiger Mark Convenience Store and assaulted the owner, before setting the store alight.

Defence lawyer Andrew Owens made a bail application on Warburton’s behalf, claiming the Crown’s “circumstantial” case was simply too weak to prove his client was the one responsible.

The court heard the prosecution case primarily relied upon phone monitoring, which allegedly traced Warbuton’s phone from his address to the scene of the arson.

“The case is doomed to fail,” Mr Owens said.

“...It’s been an investigation now for a couple of weeks, and that is the height of the evidence.”

Mr Owens further submitted that footage of the arson showed the foot of the individual presumed to be responsible catching on fire, but Mr Owens said his client’s foot had no injury.

Prosecutor Jordan Theed said it was “somewhat galling” for Warburton to submit that the prosecution case was weak, when he had refused to assist police’s investigations by providing his phone pincode to them - despite a warrant requiring him to do so.

“Further attempts to investigate that are currently being stifled by Mr Warburton refusing to comply with a court order,” Mr Theed said.

Mr Theed acknowledged the case was “somewhat circumstantial” but said Warburton’s actions had shown he would not comply with his bail conditions - which would include providing police access to his phone.

The court heard that Warburton, a roofer and father of two, was currently on parole after recently receiving an 11-month sentence for offences undisclosed to the court.

His parole had been suspended by the Parole Board in light of the new allegations, the court was told.

About 3.30am on December 26, police allege Warburton entered the Wickham Street tobacconist with his face covered and spoke with the owner, before placing a suspicious item in the store.

The 42-year-old store owner confronted Warburton, but he allegedly threatened him with what appeared to be a weapon before assaulting him.

Warburton then allegedly removed an item from a stolen Volkswagen parked outside the store and threw it into the shop, causing a massive blaze and destroying the shop.

Dramatic CCTV shows the moment the store goes up in flames as the two men tumble out of the shop.

It will further be alleged the stolen Volkswagen Caddy was located abandoned and burnt out shortly after 4am in Veivers Rd, Wolffdene.

Detective Acting Superintendent David Briese said police will allege the offender is a part of an organised crime syndicate targeting tobacconists who refuse to sell its illegal products.

“We believe that this person will be, and is part of an organised crime syndicate, who we will allege is attempting to make some sort of statement to the owner of the tobacconist in terms of financial gain, and expectation,” Superintendent Briese said.

“The environment that exists is that there are a number of entities that, for financial gain, are attempting to have illicit tobacco and vapes sold through their stores... and when people refuse to do that, what we saw on the 26th unfortunately occurs.”

Superintendent Briese said the accused allegedly threw an explosive device into the store to set it alight, but he also caught fire and suffered burns.

Police at the scene of the alleged arson attack at a convenience shop business next to the Prohibition nightclub on Wickham St. Picture: Steve Pohlner

He said it took “a lot” of resources to identify the man and ultimately take him into custody.

“Certainly it does show the desperation and what some of these people are willing to do.”

Last year, 12 tobacconists in Brisbane were targeted in arson attacks. Taskforce Masher has resolved seven of the investigations, and made multiple arrests.

Superintendent Briese said police in Queensland were ahead of the curve in combating the tobacco wars.

“For Taskforce Masher, and the greater QPS, at present, our focus is certainly on the investigation of these serious offences when they occur.

“But our greater focus is on the prevention and disruption, to stop it from becoming a greater issue here in Queensland.

“(Detectives) are dedicated to the gathering of intelligence, working with partner agencies to get the best picture of the environment... I definitely wouldn’t say we are losing a battle, I think we are ahead of the game.”

Superintendent Briese urged tobacconists to report any similar behaviour to police.

“Report it to police immediately because we don’t want incidents like this, we don’t want this taking hold in Queensland, we want to prevent it, disrupt it, rather than investigate it afterwards.”

“The Queensland Police Service and in particular Taskforce Masher are committed to the safety of the community and the targeting and prosecution of those involved in organised crime who are responsible for serious crime connected to the illicit tobacco trade,” Superintendent Briese said.

We will continue investigate those who are responsible and work behind the scenes in supporting these offences.”

The business is located next to the Prohibition nightclub on Wickham St. Picture: Steve Pohlner

He has been charged with two counts of arson, one count each of unlawful use of a motor vehicle, stealing, entering premises with intent to commit indictable offence, assaults occasioning bodily harm, receiving tainted property, possessing suspected stolen property, possess explosives (ammunition) and contravening order about device information.

The man had his bail denied and is due to appear in Brisbane Magistrates Court today.

Taskforce Masher was established to target organised crime syndicates involved in the co-ordination of offences of violence and property damage across Queensland, with the aim to disrupt and suppress this offending and identify the members of those organised crime syndicates.

Magistrate Peter Saggers refused to grant Warburton bail and remanded him in custody for mention on February 10.

Warburtons charges include two counts of arson, and one count each of stealing (a licence plate), enter premises and commit indictable offence, assault occasioning bodily harm, unlawful use of a motor vehicle, contravening an order about information necessary to access information stored electronically, receiving tainted property (bank cards, drivers licences, and Medicare cards), possessing property suspected of having been used in connection with the commission of a drug offence, and authority required to access explosives (ammunition).