Man who burned down rental in ‘retaliation’ for being evicted found not guilty of arson

A MAN who burned down his rented Driver townhouse in ‘retaliation’ for being evicted by his landlord has walked from court after being found not guilty due to mental impairment.

Shane Rutherford has been found not guilty of arson due to mental impairment. Picture: Che Chorley

A MAN who burned down his rented Driver townhouse in “retaliation” for being evicted by his landlord has walked from court after being found not guilty due to mental impairment.

The Supreme Court heard Shane Rutherford, 36, had packed his ute to move out of the rental property in September last year before he poured petrol onto the floor and set it alight.

The ensuing fire rendered the $330,000 property uninhabitable but firefighters were able to contain the blaze before it spread to an adjoining townhouse where a couple and their three-year-old child were living.

After leaving the scene as the fire spread, Rutherford called his mother and triple-0 to report the fire. Police later found him in a drain and he admitted to setting the fire.

He was charged with arson but prosecutors later agreed the court should accept a plea of not guilty by reason of mental impairment.

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In ordering Rutherford be released under supervision, Justice Stephen Southwood said doctors had found he suffered from a “psychotic episode” induced by a prescribed antidepressant on the day of the fire.

“I’m of the opinion that at the present time there is an unacceptable risk that the accused person would be likely to endanger himself or another person if he were not supervised in the community,” he said.

The order is due to remain in place for six years but Rutherford will return to court for a further review after 12 months.

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“The reality is, subject to all going as it has been, there will be an early discharge,” Justice Southwood said.

“Given how things are progressing, I think it’s unlikely that he’ll require that level of supervision for that extended period,” Justice Southwood said.

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