Toytopia Horton St fire, Port Macquarie: Sam Evans pleads guilty to arson
A man who set fire to a Port Macquarie business, allegedly at the request of its owner, told police she offered to support him with the insurance money to help break his drug habit.
Mid-North Coast
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A man who set fire to a Port Macquarie business – allegedly at the request of its owner – said she guaranteed him money and food from a future insurance payout if he followed through with the crime.
Sam Allen Evans, 32, pleaded guilty to intentionally or recklessly damaging property by fire/explosive at Port Macquarie Court on Thursday.
The court heard he confessed to police that he set fire to 99-101 Horton St, at the request of the former Toytopia toy store owner, Michelle Leigh Symes.
Ms Symes, 42, is currently before the courts charged with a raft of offences, which include 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.
She has not yet entered a plea to those matters, which are set to return to court in August.
She is accused of masterminding the fire lit by Evans on June 8, 2019, which destroyed her business, the Toytopia toy store, and the neighbouring Dumpling Noodle House.
Police facts tendered before Port Macquarie Local Court detail the summary of Evans’ admissions to police, including information that he was allegedly recruited by Symes to burn down the shop in exchange for insurance money and food to help break a drug dependency.
The facts state Symes, who was about two-to-three months in arrears of her rent on the property owned by Phillip Alveras, had tried to recruit a former employee of the store to set fire to the premises, but turned to Evans when he refused.
Symes employed just one other person at the shop, Ryan McFadyen, who began working there in about 2015-16, police facts state.
It is alleged that on one occasion, Ms Symes engaged in a conversation with Mr McFadyen about plans to plant evidence – clothes belonging to her ex-partner Dalton Head – in the upstairs level of the premises before burning the property that would link him to the crime.
“Enter in the back … start the fire near one of the damaged electrical cords,” the police facts state Ms Symes told Mr McFadyen.
“Make it look like an accident and leave Dalton’s clothes for the evidence. Make it look like they were up there partying or something after the club and something’s gone wrong.”
Police allege following this conversation with Mr McFadyen, she approached him with a $10,000 reward to set fire to the business.
“I’ll give you ten grand out of the insurance money to burn the shop down,” to which he refused, the facts state.
About four days before the fire was lit, Ms Symes allegedly sought legal advice from Hannaway Lawyers on how to terminate her lease at 2/99 Horton St, because the business was running at a loss, court documents state.
She allegedly gave instructions that she owed $15,000 in rent, that there was an $8000 bond and a further $15,000 rent would be accrued up to November when the lease was due to expire.
The court documents state the business was no longer economically viable.
On June 8, 2019, emergency services were altered by passers-by of a fire that was occurring on the first floor between 99-101 Horton St, Port Macquarie.
The blaze was extinguished and both premises remained structurally intact, but the businesses – the Noodle Dumpling Bar and the Toytopia toy store – were partially gutted.
Forensic Crime Scene Examiners determined the fire occurred in the first floor flat above Toytopia.
At the scene, investigators located a black beanie with two eye holes cut into the front and a pair of blue work overalls a short distance away.
DNA samples were taken from a glove, the overalls and beanie, and sent for testing. A 20-litre tin was also seized, and petrol from the tin was detected on a piece of carpet underneath it.
The DNA on the evidence matched that of Evans, whose profile was also found at a break, enter and steal at a business on Ocean Dr at Kew.
CCTV also captured the offender walking past both Horton St businesses, carrying the metal tin which was located at the crime scene.
In an interview with police following the fire, Ms Symes told officers that she had securely locked the premises the day prior to the fire, and that the shop contained approximately $160,000 to $180,000 worth of insured stock.
It was not until five months later, in November, that police attended an address for Mr Evans at Braemar Dr, Port Macquarie, where he was placed under arrest.
During an electronically recorded interview with police, he made full admissions to starting the fire allegedly at the request of Ms Symes who ‘he had know for some time’, police facts state.
“The offender said Symes offered to pay him $1000 and food if he would set fire to the shop for her due to her financial position,” police facts state.
“The offender said the agreement with Symes commenced during a conversation outside Toytopia several months before the fire, and Symes followed up the agreement with him via text message. He said Symes gave instructions to him as to where and how to start the fire.”
The police facts continue: “The offender said at the time of the fire he was addicted to the drug ice, and was using considerable amounts of the drug.”
“He said he was living on the beach at Lake Cathie and was desperate for money and assistance that Symes was offering to provide if he burnt the shop down.”
His version of events, the facts state, is consistent with evidence obtained by investigators, including the use of petrol at the point of origin.
Evans will appear before Port Macquarie District Court on July 26 for a sentence date to be fixed.
Ms Symes will reappear in Port Macquarie Local Court on August 19 for charge certification.
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