Teens who allegedly sparked fatal Sunshine North factory fire in which two men died granted bail

Two teenagers who allegedly started a fatal fire at a Sunshine North factory, in which an innocent father and his mate perished, have been granted bail. 

Two teens who allegedly started a fire at a Sunshine North factory, killing two innocent men, have been granted bail. 

 

The extraordinary decision to free Phoenix Darren John Tims and Atem Akoi Thon on bail was handed down in the Melbourne Magistrates' Court on Friday.

 

The courtroom erupted in gasps as the teens, both aged 19, were released from custody on charges of arson causing death. 

Two men, including 42-year-old father Hai, died in the factory fire, allegedly ordered by a prisoner for a $4000 fee. 

 

Magistrate Malcolm Thomas said the prosecution failed to convince him the teens should remain in custody, saying he did not believe they posed an unacceptable risk to public safety. 

 

He cited the accused mens' age and lack of criminal history in making his bail decision.

Phoenix Darren John Tims is bailed after being charged with arson over a Sunshine North factory fire. Picture: Jason Edwards

Atem Akoi Thon gets bail after being charged with arson over a Sunshine North factory fire. Picture: Jason Edwards

Police on Thursday alleged telephone intercepts and listening devices recorded Mr Tims admitting his involvement in the Bunnett St fatal fire about 4am on February 23.

The court heard a bug planted in his car overhead him telling his girlfriend — and mother of his one-year-old son — “I lit it up”.

He added: “I did everything. I drove … I stopped, I got out, I jumped a fence”.

But he had no idea two men — including a 42-year-old father, whose family only wish him to be known as Hai — were sleeping in an adjoining warehouse at the back of the factory, the court heard.

“It was just a mistake, wrong place, wrong time,” he was allegedly recorded saying.

Explosive details have emerged about the motive behind the deadly factory fire at Sunshine North. Picture: 7News

The pair was arrested and charged on Monday following a mammoth five-month investigation. Picture: Brendan Beckett

Detective Senior Constable Elise Jinks, from the arson and explosives squad, told the court Mr Tims was given the order to set fire to the Bunnett St panel beating shop, and enlisted his friend, Atem Akoi Thon, to help him.

“They were tasked by someone who is in prison and we haven’t been able to identify who that is,” she said.

In a reconnaissance mission, the pair is accused of driving past the panel shop the night before they set it ablaze.

Detective Jinks said CCTV captured Mr Tims jumping the fence with a red jerry can and pouring an accelerant on the factory door before setting it alight.

Mr Thon, who was waiting in the passenger seat of the getaway car, was seen passing the fuel can to Mr Tims, the court heard.

Mr Tims later allegedly asked another friend, Semaj Cigobia, 18, to destroy the vehicle used in the crime.

Mr Cigobia, from Melton South, was charged with assisting an offender after he allegedly dumped the white ute and set it alight on Gisborne Rd in Coimadai, near Melton.

Hai died as the fire ripped through the Sunshine North factory.

Semaj Cigobia allegedly dumped the white ute and set it alight. Picture: Victoria Police

The court heard none of the three men had come to the attention of police before.

They were arrested and charged on Monday following a mammoth five-month investigation.

“He’s a good kid,” Mr Tims mother-in-law Emma Gatt told the court, adding she was “shocked” at his arrest.

“I just wouldn’t think he would do something like that,” she said.

Phoenix Darren John Tims is charged with two counts of arson causing death. Picture Facebook

Semaj Cigobia has been charged with assisting an offender. Picture Facebook

Police on Thursday opposed bail, arguing the offending was “planned, premeditated and deliberate” and resulted in two men losing their lives all for “low financial gain”.

They said Mr Tims and Mr Thon posed too high a risk of reoffending and putting the safety and wellbeing of the public in danger.

Magistrate Malcolm Thomas said it was not the prosecution case that the men intended to harm or kill anyone.

“(The deaths) arose as a consequence of the fire spreading,” he said.

Mr Cigobia is already on bail with strict conditions, including reporting to his local police station twice a week, not to associate with co-accused, and abide by a midnight-5am curfew.