Gasps in court as accused teen arsonists freed on bail

Rachael Ward | July 19, 2024

Two teens accused of lighting a fire that killed two men while they slept have been freed on bail by a magistrate, with loud gasps heard as the decision was handed down.

Phoenix Darren John Tims 19, and co-accused Atem Akoi Thon, 19, faced Melbourne Magistrates Court on Friday, after applying for bail.

They were each charged with two counts of arson causing death more than four months after a deadly blaze in Sunshine North.

Father-of-three Hai, 42, and a 48-year-old man died in the February 23 blaze that started at a panel shop and spread to a converted factory.

Magistrate Malcom Thomas found the prosecution had not established the two teens were an unacceptable risk of endangering other people beyond “merely hypotheticals”.

Numerous supporters of the accused teens let out an audible gasp when they found out the pair would be granted bail.

The teens will be subjected to bail conditions including a curfew, must surrender their passports and cannot contact prosecution witnesses.

Lawyers for the two teens on Thursday argued they should be freed on bail due to their young age, as they’re both first time offenders and due to delays that could prevent the case going to trial for up to two years.

Prosecutor Angela Liantzakis opposed bail, however accepted there was no evidence the pair were aware two men were sleeping in a factory out the back when the fire was lit.

Detective Senior Constable Elise Jinks alleged Tims drove to the factory, jumped over a fence with a red jerry can of petrol and set it alight.

She claimed Thon handed Tims the jerry can.

The pair were going to be paid $4000 by a prisoner to carry out the arson, she told the court on Thursday.

Tims was recorded on surveillance inside his car admitting much of the arson, including in a mid-July conversation with his girlfriend, the court was told.

The pair will walk from the court on Friday afternoon.