Second double child homicide accused freed on bail
Emily Woods |
A man with a lengthy criminal history, accused of leaving three children aged under five home alone and hearing their screams as fire engulfed the property, will be freed on bail.
Matthew Mcauliffe, 24, is the second person to be released on bail over the 2024 blaze, after the mother of the children, Shania Lee, was freed less than a month ago.
Two young girls, aged one and five, died in the fire and a third toddler suffered serious injuries.
Mcauliffe and Lee had left the Sydenham home, in Melbourne’s northwest, minutes before a smoke alarm sounded.
Police allege they heard the children scream via security video on the woman’s phone.
Mcauliffe applied for bail at Melbourne Magistrates Court on Tuesday, charged with two counts of negligent manslaughter and one count of negligently causing serious injury.
He is not the biological father of any of the child victims, but had been in a relationship with Lee for two months and was living with her at the time, the court was told.
Prosecutors asked for Mcauliffe’s release to be denied as he was a risk of offending while on bail, failing to appear in court, interfering with witnesses and obstructing the course of justice.
Arson and explosive squad Detective Senior Constable Chris Mitchell said Mcauliffe had previously been accused of more than 400 criminal charges, faced 101 warrants and held 32 prior convictions.
He said the September 8, 2024 fire occurred just 66 days after he was released from prison.
Prosecutor Emily Sheales said Mcauliffe’s lengthy criminal history put him in “a very different category” to his co-accused, Lee, who was bailed on September 17.
This includes 23 prior convictions or findings of guilty for committing offences while on bail, 12 for breaching bail conditions, and a history of violent and dishonest offending.
“That significant and lengthy history … sets him apart from his co-accused,” she said.
Defence barrister Sai Ranjit said his client would stay at his mother’s home in Maryborough, more than two hours’ drive from Melbourne, and bail conditions could ameliorate any alleged risk.
Mcauliffe’s mother Melissa said she hoped to provide a stable home for her son who has “been through a lot”.
She promised to report him to police if he re-offended, breached bail conditions or consumed drugs or alcohol while living with her and her father, whom she takes care of full-time.
Mr Ranjit said police had arrested Mcauliffe on September 11, which was the day he left prison for separate offences after being arrested in January.
This meant Mcauliffe had not been able to begin a treatment as part of community corrections order.
He pointed to weaknesses in the strength of the prosecution case, as they cannot yet prove how the fire was started and accuse him of negligent child homicide for leaving the children home unattended.
Mr Ranjit further said the case faced delays, with the next hearing in the matter not until January 15, 2026, and further delays in police gathering evidence needed for a committal to trial.
Police allege they heard Mcauliffe and Lee discussing over prison phone calls how they had viewed footage on Lee’s mobile phone of the children and heard their screams, but did not call triple zero.
Detective Mitchell said was applying for material from US-based Apple to get information on the apps Lee opened on her phone, to corroborate what was said in the calls.
He said an arson chemist had found the “most likely” cause of the fire was combustible material from a match or cigarette lighter in the master bedroom.
Magistrate Phillip Goldberg decided to release Mcauliffe on bail as he could impose “very restrictive” conditions to reduce his risk.
Mcauliffe will leave Melbourne Assessment Prison on Tuesday evening, to reside with his mother in Maryborough, and he cannot leave Victoria or Australia and must abide by a curfew.
AAP
