Accused arsonist Phoenix Tims asks judge to vary his bail so he can jet off to Bali
A man accused of lighting a fire that caused the death of two sleeping men in Sunshine North has asked a judge to vary his bail so he can jet off to Bali for a family holiday and spend Christmas by the beach.
A man accused of lighting a fire that caused the death of two sleeping men has asked a judge to vary his bail so he can jet off to Bali for a family holiday and spend Christmas by the beach.
Phoenix Tims, charged with two counts of arson causing death, fronted the County Court on Friday, arguing that he should be allowed to travel to Seminyak with his partner’s family between December 15 and January 2.
But his plan went awry after his mother-in-law let slip that he had recently stayed at her home in Melton South, despite one of his bail conditions being that he resides at his home in Kurunjang.
She told the court a ticket had not yet been booked for Mr Tims, but the family was hoping he could tag along if given the green light by the court.
“It’s an apartment … we’ve got four rooms, kitchen, everything,” she said.
She added that she was willing to offer up a $5000 surety for Mr Tims, who shares a child with her daughter.
When asked by prosecutor Jordan O’Toole whether Mr Tims “currently resides” with her, the mother-in-law replied: “No.”
“Has he recently resided with you?” he asked.
“Well, he stays with us,” she replied.
The mother-in-law quickly claimed that the bail conditions showed two addresses, including hers, but Judge Carolene Gwynn confirmed that Mr Tims had been ordered to reside at his address.
“Based on the last 45 seconds, it’s going to be suggested that he’s in breach of his bail conditions,” Judge Gwynn told the court.
“It’s going to be suggested that perhaps this witness doesn’t adhere to bail conditions … or isn’t properly aware of them.”
After a short break, Mr Tims’ defence lawyer Nisha Patel said her client would withdraw the application to vary his bail.
Mr Tims, an electrical apprentice, was charged over a fire at a panel shop in Sunshine North that spread to a nearby factory where two men were sleeping on February 23 last year.
Father of three Hai Minh Nguyen, 42, and Phuc Tran, 48, died at the scene.
When asked why he committed the arson, Ms Patel said there was a “financial incentive that never eventuated”.
She confirmed that Mr Tims would admit to lighting the fire, but there was a dispute as to his “recklessness”.
He will return to court on April 1.
