David Cartledge in bail bid after fatal Red Cliffs fire that killed housemate as he awaits second trial

A Red Cliffs man accused of murder is fighting for bail as he awaits a second trial over a house fire that killed his housemate, a court has heard.

David Cartkedge is accused of lighting the fire in Red Cliffs that allegedly took the life of his housemate. Picture: Generic

A man accused of lighting a fatal house fire in the state’s north is hoping to be bailed to a Mildura address as he awaits a second trial over the 2023 blaze that killed his housemate.

David Cartledge, of Red Cliffs, who is facing charges of arson causing death and murder following a fire that broke out on February 26, 2023, at an Indi Ave property in Red Cliffs, fronted the Supreme Court in Melbourne on Tuesday seeking bail.

The blaze killed 52-year-old David Butler, who was inside the house at the time.

Mr Cartledge pleaded not guilty at his first trial in Mildura in February this year but the trial was aborted after the jury was discharged when a key prosecution witness Sean Warby failed to appear.

His lawyer Sally Buckley, argued for her client to be released on bail pointing out no new trial date had been set and the Crown’s case remained weak without the witness.

“This is not a strong prosecution case. Without Mr Warby’s evidence, the prosecution’s case for murder falls away and it is an extremely weak case for arson causing death,” Ms Buckley told the court.

Indi Ave, Red Cliffs where the tragedy unfolded that saw a house gutted by fire and a 52-year-old man lose his life. Picture: Google Maps

Mr Cartledge has spent 764 days in custody since the fatal fire.

The prosecution conceded that Mr Cartledge did not pose an unacceptable risk to the community, but raised concerns about the proposed bail address — citing Mildura’s small size, the potential for interaction with Mr Warby, and the criminal backgrounds of others living at the address.

“We are not submitting that the applicant poses an unacceptable risk of purposefully interfering with Mr Warby, but in saying that, the prosecution believes this proposed address provides an increased risk of inadvertent contact with (him),” Prosecutor Jack Kelly said.

Justice Lesley Ann Taylor told the court the trial would be listed for this year, but a date would not be set until the star witness had pre recorded his evidence.

“The listing of the trial date really needs to wait until the evidence of Mr Warby is captured, or indeed not captured,” Her Honour said.

As for the bail application, Justice Taylor said she would reserve her decision.

“This is a complicated matter and I am going to reserve my decision … worst-case scenario would be I have my decision early next week,”