Habib Musa fronts court over arson of Burgertory Caulfield
A drug addict told undercover cops he and two others were paid $20k to torch a Caulfield burger joint that sparked volatile protests amid claims of a hate crime.
South East
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A St Albans man told undercover police that he and two others were paid $20,000 to torch the Burgertory restaurant in Caulfield that fuelled volatile protests in the area.
Habib Musa, 27, appeared for a plea hearing in the County Court on Monday after earlier pleading guilty to charges of arson and stealing a Mercedes at Doncaster.
Prosecutor Connor Rattray told the court Musa drove the stolen Mercedes to the Burgertory in Caulfield about 4.15am on November 10, 2023 with a jerry can full of petrol. A yet-to-be-identified male allegedly went with him. Musa used a concrete rock and the alleged co-accused used a hammer to smash the restaurant’s front window before the latter poured petrol throughout the premises and turned on the gas in the kitchen.
As the restaurant was engulfed in flames, Musa and the alleged co-accused ran out of the premises and drove away.
A nearby resident called triple-000 after he heard a large explosion and saw flames.
The arson attack caused $450,000 worth of damage and sparked volatile protests against the backdrop of the Israel-Gaza conflict. Burgertory owner and Palestinian-Australian man Hash Tayeh claimed the fire at his store was a hate crime, despite police saying otherwise.
Mr Rattray said following his arrest in January 2024, Musa told police he didn’t remember the arson attack as he was high on ice, cocaine and alcohol.
He said he was paid a small amount — under $2000 — for his role in the arson. However, he later told covert operatives that he and two others were promised $20,000 to set fire to the restaurant.
Defence lawyer Nick Goodenough said drugs had been Musa’s problem but he had removed himself from negative influences and was training in the meat packing area with a view to gaining full time employment.
He volunteered for the Salvation Army for a year and has started training with a soccer club ahead of the season opener next week, he submitted.
Mr Goodenough said Musa didn’t get $20,000 for his part in the offending, perhaps $1000 which he spent on drugs.
He said Musa has good family support and asked for his sentencing to be deferred so that his rehabilitation could be better assessed.
Judge Carolene Gwynn granted the request and Musa will be sentenced on June 23.
Another alleged co-accused Wayle Mana, of Preston, will appear in the Melbourne Magistrates’ Court on Thursday for a committal hearing.
