Ben Valerio, 37, pleads guilty to arson charges after tobacco store fires

A Point Cook man whose brother was killed in one of Australia’s most horrific child deaths was involved in a series of tobacco store firebombings last Christmas.

Ben Valerio, 37, from Point Cook, faced County Court on Tuesday after he pleaded guilty to sevreal arson related charges. Picture: Supplied

The brother of a toddler killed in a crime that shocked Australia three decades ago has been caught in a series of tobacco store fires across the state.

Ben Valerio, 37, of Point Cook, appeared at the Victorian County Court on Tuesday, having previously pleaded guilty to arson charges relating to the firebombing of businesses — including tobacco stores — in Moe, Altona and Croydon.

Valerio — who watched on via video link from Melbourne Remand Centre — is the brother of Daniel Valerio who was beaten to death as a two-year-old by their mother’s then boyfriend Paul Aiton in September 1990.

Daniel Valerio

Defence lawyer Sai Ranjit told the court the impact of his brother’s traumatic death “still lives” with Valerio who had ”no guidance” growing up, resulting in him falling in with the wrong crowd in his mid-20s.

“He’s not relying on the choices he’s fallen into as an excuse for his offending. But when you have a terrible upbringing with no guidance then this is what occurs,” Mr Ranjit said.

“Since 1990 not enough care was given for what (Valerio) went through”.

The court heard Valerio was involved in four firebombings between Christmas last year and January 11, 2024 with four other alleged co-accused whose matters are still before the courts.

At an Altona cafe targeted in January, Valerio reversed a Toyota Hilux into the shop before it was allegedly torched by others.

Police at the scene of the fire at the Wolf Cafe in Altona. Picture: Supplied

He also smashed the door down at an Altona Tobacco store with a weapon and poured accelerant inside, with CCTV footage captured at a Croydon tobacco store also showing Valerio pouring petrol inside before it was set on fire.

Though the court heard the various shop owners targeted refused to provide victim impact statements nor any information as to the value of the damage.

Mr Ranjit submitted that Valerio’s plea of guilty was of significant utilitarian benefit considering this lack of information.

The Freechoice tobacconist in Altona was targeted by the alleged arsonists on January 11. Picture: David Crosling. Picture: David Crosling

Jerry cans left outside the scene of the fire at the Freechoice tobacco store Picture: David Crosling

“Given there’s no statement from store owners or value of damage, I would say his plea has utilitarian value because we’re not challenging anything,” he said.

“There’s that degree of saving court time when witnesses are not forthcoming in giving evidence.”

But prosecutors argued they “may not have needed” witness statements given the amount of CCTV footage captured across the various stores of the incidents.

In a text message exchange read out in court between Valerio and alleged co-accused Stan Zanakis the pair feared they had firebombed the wrong shop in Moe on Christmas Day.

It was revealed fellow alleged co-accused Murat Shomshe told Mr Zanakis he had “old school Albanians on (his) tail” telling they had torched the wrong shop.

Zanakis: So you f—ked up the address bro....we’ve got to do it again.

Valerio: Didn’t it look like a smoke shop?

Zanakis: It looked like a gift shop.

Valerio: The note I got was tobacco, gifts and accessories on the paper.

Valerio then sent Mr Zanakis a picture of the note with the address he was provided, with the pair then confirming it was right store

Zanakis: I just Googled it. It’s an old (Google) picture but it’s the right one. I told Shoms (sic) ‘relax bro ... it’s the right building. I don’t know what these c—ts are on about’.”

Valerio: I’m pretty sure I saw shishas (inside) know what I mean?

Crown prosecutors allege Mr Zanakis and Mr Shomshe were members of the Finks Outlaw Motorcycle Gang but the alleged firebombing was “not sanctioned club business”.

During a sentence indication for Mr Zanakis — also on Tuesday — the court heard he intended to plead not guilty to his arson charges.

Valerio has served 340 days in pre-sentence detention at MRC and will be sentenced in early 2025.