Accused Burgertory arsonist Wayle Mana freed to live with family he allegedly threatened

A judge has granted bail to an accused arsonist to live with the family of his young girlfriend, who he allegedly threatened to kill during a prison phone call.

A judge has granted bail to an accused arsonist to live with his young girlfriend’s family whose home he allegedly threatened to “shoot up” or have burnt down during a prison phone call in which he also allegedly threatened to kill the woman.

Wayle Mana, 25, was granted bail during his fifth attempt at freedom in the Supreme Court on Friday on serious charges linked to the torching of the Burgertory restaurant in Caulfield last November which sparked racially charged protests and counter-protests.

The court heard the firebombing occurred just three months after Mr Mana was released from a long prison stint and during a time he’d began dating a 23-year-old woman from a travelling carny family.

Her mother took the stand, offering $10K surety for the release of Mr Mana who she agreed to house despite meeting him in prison only four months earlier and him threatening to kill her daughter and burn down their Sunbury home.

Mr Mana faces serious charges linked to the torching of the Burgertory restaurant in Caulfield last November.

Phone records revealed Mr Mana called his girlfriend from prison in August, telling her she was a “f--king slut” and “dog” and was “going to die”.

“I’ll shoot up your house or get it burnt down,” Mr Mana said, according to the prison transcript.

Justice Rita Incerti said the threat by Mr Mana was deeply “disturbing” and that bailing him to live with a woman he’s already allegedly threatened to kill would be like “throwing a grenade with the hand on the pin”.

“Once things explode, they explode,” Justice Incerti said.

“This court day after day sees conversations of that kind translate to actions. This isn’t someone giving some grief – this was ‘I’m going to burn your house down’ by someone already allegedly (charged with) arson.”

“It was ‘I’m going to kill your family and do other things to you’. It’s not a coincidence.”

The Burgertory store in Caulfield, which was gutted by fire.

However Justice Incerti granted bail to Mr Mana to live with the family under strict conditions including that he wear a 24/7 tracking device, comply with a nightly curfew, abstain from drugs and alcohol and return to court in a fortnight for reassessment.

Her Honour made the decision after weighing the risks she was potentially exposing the family to, describing it as the “hardest bail application” she’d dealt with in recent times.

“I’m putting someone prepared to behave in this matter into a family unit despite their goodwill and kindness,” Justice Inceri said.

“This was a disturbing threat. It worries me.”

The girlfriend’s mother told the court she would be “lying” if she said she wasn’t concerned about Mr Mana being home alone with her daughter.

However she excused his alleged death threat, saying he “didn’t mean it” and was “angry” and “stressed” at the time.

“I know Wayle is no angel but I’m willing to give him a chance,” said the mother, whose $10 surety is her entire “life savings”.

The court heard Mr Mana had a long drug and alcohol abuse history and has spent most of his adult life behind bars.

He will be required to comply with weekly urine screens and get drug addiction support.

Mr Mana is charged alongside co-accused Habib Musa with the Burgertory firebombing which caused $430K of damage and sparked volatile protests against the backdrop of the Israel-Gaza conflict.

He is also charged over a firebombing at a Bendigo tobacco store in January which caused more than $4m in damages.

His DNA was found at the crime scene, the court heard.

Justice Incerti said it was a “miracle people did not get hurt”.

“The community was really put in harm’s way,” Her Honour said.