Michelle Leigh Symes: Toytopia owner allegedly procured man to burn down her business
The owner of former Port Macquarie business Toytopia has been accused of masterminding the fire that destroyed it and the Dumpling Noodle House on Horton St.
Mid-North Coast
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Police allege a 42-year-old woman tried to sell a financially struggling Port Macquarie business — and terminate the contract to the building lease — before it was engulfed in flames and destroyed by fire last year, a court has heard.
Michelle Leigh Symes, of Lake Cathie, was granted strict conditional bail at Port Macquarie Local Court on Friday after she was arrested and charged by police for her alleged role in the blaze that destroyed the Toytopia toy store and the neighbouring Dumpling Noodle House on June 8, 2019.
Ms Symes, who appeared via audio-visual link, has been accused of engaging in a “joint criminal enterprise” by procuring 28-year-old Sam Evans to set fire to the toy store she operated on Horton St, in order to claim a false and dishonest insurance payout in the vicinity of $180,000.
She has been charged with break enter and steal and destroy property with a value greater than $60,000, intentionally or recklessly damage property by fire/explosive of a value greater than $15,000, and making a false and dishonest insurance claim to Chubb Insurance in total of $179,415.
The court heard that investigators have allegedly obtained text message evidence that suggests the parties involved in the alleged insurance rort where discussing an amount they could claim from the payout.
“The investigators have strong evidence of a request of Ms Symes to have that building destroyed by fire,” prosecuting Sargent Karen Griffin said.
“There is evidence that the business was trading at a loss prior to the fire … that the business was in financial difficulty, and [Ms Symes] was trying to sell the business up to 8 June 2019.
“She intended on closing the business for financial, mental and physical reasons.”
Police also allege that Ms Symes tried to terminate the lease of the building, owned by Phillip Alaveras, due to the allegations that it was making a loss.
It is also alleged that Ms Symes was two months – or about $5,500 – behind in her rent.
It is not known what the relationship between Ms Symes and Mr Evans is, but police told the court that Evans – who has already been charged with break and enter house, destroy property, damage property by fire and break and enter house, steal – has made full admissions about starting the fire.
He is currently before the courts.
“The co-accused has made full admissions to setting fire to the premises,” Ms Griffin said, and said he set fire to the property ‘at the request of Ms Symes.’
Ms Griffin labelled the activity as a ‘joint criminal enterprise.’
Lawyer acting for Ms Symes, Michael Dampney, said she was making ‘legitimate steps’ to exit her business.
“This woman was having some business difficulties and taking some legitimate steps to get herself out of a lease,” he said.
“Insurance companies, before they can pay people large amounts of money, usually conduct their own investigation.
“I say that the insurance company, having paid her, found nothing suspicious.”
Toytopia is no longer trading and Ms Symes now works at Lake Cathie Woolworths.
Upon hearing the evidence, Magistrate Georgina Darcy summarised the allegations before granting Ms Symes strict conditional bail
“The allegations are that she with another person agreed to burn down her business premises in Port Macquarie,” she said.
“The premises was set alight and the co-accused Mr Evans has made full admissions to starting the fire.
“He has also given a statement where he implicates Ms Symes and acting at her requests she gave him certain instructions.
“It has been indicated that has been followed up by a text message … it is unclear as to why that material hasn‘t been obtained by the court.
“The case on Ms Symes relies on information that her business was not going very well at the time, and that she was trying to get out of her lease and that the business was not viable.
“It’s difficult to assess the case as an overwhelming one at the moment … it‘s a little vague in terms of detail at this stage, and the case does overwhelmingly rely on Mr Evans’ admissions to police.
“Ultimately, if Ms Symes enters a plea of not guilty, it will be up to a jury to determine that.”
The court heard she has a limited criminal history, and Ms Darcy found the need for bail was proven given she has two dependent children who require care due to cognitive and physical disabilities.
She ordered Ms Symes agree to forfeit $5000 if she does not meet her bail conditions, which include not going near or contacting Sam Evans, not taking drugs unless prescribed by a doctor, surrendering her passport to police within 24 hours of release of custody, and to report to Laurieton police three days a week.
She will next appear in court on February 18 for brief compliance.
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