Fire as a weapon in domestic violence condemned by magistrate, Gold Coast Centre Against Sexual Violence

Fear is being instilled in domestic violence victim-survivors, as a worrying trend emerges where abusers light property on fire, or threaten to set their ex-partners alight.

Fear is being instilled in domestic violence victim-survivors as a worrying trend of perpetrators lighting property on fire or making threats to set ex-partners alight has emerged.

Anecdotal evidence from domestic violence prevention services has flagged that fire is a threat being increasingly made.

They have linked the worrying trend to high profile cases such as Kelly Wilkinson and Hannah Clarke who were both burnt to death – allegedly by their ex-husbands.

Ms Wilkinson’s former husband Brian Earle Johnston is facing murder charges after allegedly setting fire to the mum of three in her Arundel backyard in April last year.

Kelly Wilkinson. Picture: Facebook

Brian Johnston, Kelly Wilkinson’s estranged husband was charged with her murder. Picture: Facebook

Ms Clarke and her children died after ex-husband Rowan Baxter set her car on fire in Brisbane in February 2020. Baxter also died in the fire.

Warnings about the emerging trend come the same week a Magistrate made parallels to two deaths while sentencing a man who had splashed methylated spirits on his ex-partner while holding a lighter.

Magistrate Kerry Magee said: “This makes it in my view a very serious example of common assault particularly in circumstances where there have recently been instances where aggrieved, estranged husbands have threatened and in some circumstances actually set fire to their former partners.”

The Bulletin has also found an increasing number of domestic violence court cases featuring threats about a blaze or a perpetrator lighting a fire.

Those cases include:

* Mark Robert Lutgenau was released on parole in December after he threatened to kill his partner, doused her car in petrol and then threatened to attack a police station;

* Daijon Pearson was sentenced to three years’ prison with immediate parole after he poured petrol through his former partner’s house and set fire to her car; and

* Elliott James Macquire pleaded guilty in January 2020 to throwing petrol around his parent’s home and on his mother’s feet before threatening to slit their throats.

Gold Coast Centre Against Sexual Violence director Di MacLeod said they had certainly been hearing about people threatening their partner with fire, particularly after high profile cases.

“The victim will be well reminded that they could (set them on fire),” she said.

Ms MacLeod said adding to the increase was it was something that was “extremely accessible”.

Gold Coast Centre Against Sexual Violence director Di MacLeod talking at the Red Rose Rally in memory of Kelly Wilkinson and Lordy Ramadan. Picture: Jerad Williams

“It seems to have got a bit of a foothold,” she said.

“It’s become much more mainstream as a threat.”

Ms MacLeod said part of the increase was that fire was an “accessible weapon”.

She said until about two years ago most domestic and family violence burns came from acid attacks.

Gold Coast Police vulnerable persons unit Detective Acting Inspector Greg Aubort said the threat or use of fire had been in domestic violence perpetrators’ “arsenal for a long time”.

“It goes towards the whole gambit of power and control,” he said.

“If you are making a threat with fire and accelerant then you have lost the ability to emotionally regulate and that is highly concerning.”

Detective Insp Aubort said it was important to ensure those threatening or using fire in domestic violence contexts were held to account.

But it was also important to break the cycle of violence through prevention education and rehabilitation programs.

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A former Telstra apprentice walked from custody after pleading guilty to throwing methylated spirits on his partner and himself while brandishing a lighter.

Daniel Ian Hayward’s actions prompted Magistrate Kerry Magee to draw parallels with the deaths of Kelly Wilkinson in Arundel and Hannah Clarke and her children in Brisbane – both alleged at the hands of their ex-husbands.

Kelly Wilkinson. Picture: Facebook

Ms Clarke and her children died after ex-husband Rowan Baxter set her car on fire in Brisbane in February 2020. Baxter also did in the fire.

Hayward, 33, pleaded guilty in the Southport Magistrates Court on Tuesday to two counts of assault occasioning bodily harm and possessing dangerous drugs and one count each of wilful damage and public nuisance.

The court was told Hayward and his now ex-partner began in a Robina home to argue on November 21 last year when Hayward accused her of being unfaithful.

The pair had been together about four months.

The woman broke up with him and threw his possessions out over the second floor balcony.

Hayward then headbutted her in the chin before leaving.

Hannah Clarke and boy Trey.

The court was told he soon returned and headbutted her into the doorframe.

Hayward then grabbed some methylated spirits and doused his ex-partner and himself in the flammable liquid.

He was holding a lighter.

Magistrate Kerry Magee said: “This made it a particularly serious example of common assault because of the alarm it must rightly have generated in the mind of the victim of your offending behaviour.

“This makes it in my view a very serious example of common assault particularly in circumstances where there have recently been instances where aggrieved, estranged husbands have threatened and in some circumstances actually set fire to their former partners.”

Two days after the incident Hayward was arrested in Main Beach.

He was found in possession of the drugs fantasy and ice.

Magistrate Magee sentenced Hayward to three months prison which was immediately suspended. She also placed him on 12 months’ probation.

Hayward has spent 43 days in pre-sentence custody.

The court was told Hayward had an ongoing drug problem which had relapsed at the time of the incident.

Hayward currently co-owns a business which has about 20 employees

He previously completed an apprenticeship with Telstra, the court was told.

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