By Erin Pearson
The men accused of firebombing a Burgertory store were allegedly paid $20,000 to torch the Caulfield restaurant during what a magistrate says was a crime spree.
One of the accused arsonists, 24-year-old Wayle Mana, also known as “Chubby”, faced Melbourne Magistrates’ Court remotely from Barwon Prison on Monday, when his lawyer argued he should be released on bail to complete drug rehabilitation and work at an amusement ride company.
Mana has been charged with criminal damage by fire, robbery and car theft relating to the November 10 Burgertory fire, as well as criminal damage and car theft over a fire at a Bendigo tobacco store on January 29.
Detective Acting Senior Sergeant Michael Ferwerda told the court detectives had deployed phone intercepts, covert operatives and surveillance during the investigation into the fires.
Ferwerda said that on November 9, the owner of a gold Mercedes-Benz sedan was staying with a friend in Doncaster when a man he knew as Chubby – whom police allege is Mana – knocked him unconscious and took his car with another man known as “Coco”.
The detective said Mana, alleged co-offender Habib Musa and the unknown man known as Coco drove the stolen car in the direction of the Burgertory restaurant, in Melbourne’s south-east. He said they stopped to get a concrete block, which was later used to smash the store window.
Ferwerda said that Mana injured his arm while collecting the concrete block and was taken by another associate to hospital, while Musa and Coco drove to the restaurant.
Once there, the detective said, the pair smashed their way inside, poured fuel and turned on the gas about 4am.
After the restaurant exploded, police allege Musa left his shoes – a pair of grey runners – on the footpath outside the store, which later linked him to the scene with DNA. The men also allegedly left behind a hammer, wrench and jerry cans.
The stolen car was found dumped in nearby Carnegie, where police discovered a range of items inside, including a lava lamp, kitchen knife, clothing, cigarettes and perfume.
The Burgertory fire led to clashes between Israel and Palestine supporters after the Caulfield shop’s owner labelled the arson a hate crime, claiming he was attacked because of his involvement in a pro-Palestine rally. But police have said there was no evidence the fire was racially or politically motivated.
Ferwerda told the court that in a separate incident, Mana drove to Bendigo in a stolen Mazda CX5, taken from a St Kilda car park, on January 29.
Police allege Mana and three unknown males tried unsuccessfully to force their way inside a Freechoice Tobacconist store, but then drove through an outdoor mall and rammed the front door.
Once inside, they poured petrol and diesel throughout the store, the court heard. When the store exploded about 4.30am, Mana suffered burns to his feet, Ferwerda said. The fire caused more than $2 million damage as it spread to nearby buildings. One store later went out of business.
Mana was arrested and charged days later.
Mana, the court heard, told police he used a lot of drugs and tended to forget things, but agreed that people called him Chubby.
Ferwerda said that during the investigation, Musa told a covert operative that he and the others “got paid $20,000 to set fire to a burger shop in Caulfield”.
In opposing Mana’s bid for bail, Ferwerda said he had concerns about a possible bail address, a drug rehabilitation centre in Shepparton known as The Cottage. He said local police had told him they had investigated drug trafficking connected to the centre and that it had previously failed to report a person as missing.
“I don’t believe it’s a fit place to send someone on bail,” Ferwerda said.
The Cottage general manager Aaron Gilhooley denied the claims. He said while two former clients had been investigated over drug offences, trafficking had not taken place on the property.
Mana’s lawyer, Peter Morrissey, SC, said there was a room available for his client at The Cottage and upon his release, a job at AR Amusements.
Morrissey said his client had spent the majority of his adult life in prison but had a supporting family and the prospect of work for the first time.
He also said that if the magistrate found The Cottage didn’t “leak like a sieve”, then it would be helpful to Mana.
“He’s a marked man. Before, it might be said he was a drug user that thought he could get away with things. He must know that he’s red-hot,” Morrissey said.
Magistrate David Starvaggi refused Mana bail and said the allegations were extraordinarily serious and violent.
Mana’s case will return to court later this month.
John Silvester lifts the lid on Australia’s criminal underworld. Subscribers can sign up to receive his Naked City newsletter every Thursday.