Elderly man handed a fine for accidentally sparking January bushfire that razed 200ha of Walpole-Nornalup bush

An elderly man who was helping his sister tidy her property and sparked a bushfire that razed 200ha of Walpole-Nornalup bushland during a total fire ban, has been fined. The 76-year-old, who the Advertiser has chosen not to name, appeared for sentencing in Perth District Court on September 19 for the incident that “haunts” him. The accidental fire happened on January 2 this year. The court was told the man was doing yard work at his sister’s property on Peaceful Bay Road in Bow Bridge, east of Denmark, when he set alight a small pile of leaf litter with a match in the afternoon. He watched the fire until it fizzled out and left the area to try and get a broken lawn mower working, before returning a few minutes later to see it had spread to nearby grass. The man made efforts to extinguish the fire, and called others who were at the property as well as passers-by to help, before contacting the fire brigade. The fire raged out of control in the hot weather and strong winds, and spread to the nearby Walpole-Nornalup National Park where it destroyed 200ha of bushland. The bushfire sparked a watch and act level alert, however no homes were damaged and no people were hurt. On January 14, he was charged with failing to take reasonable care to avoid lighting a fire that destroyed property. In her sentencing remarks, Judge Laura Christian noted that he had made full admissions to authorities at the scene, despite suggestions from a family member that he conceal how the fire began, and pleaded guilty at the earliest opportunity. The court was told the man, who formerly worked in the rail system, including as a prosecutor, and volunteered his time with many community groups, had resigned from his long-held position as a justice of the peace since the charges were laid. Judge Christian held his previous good character as a mitigating factor and said she considered his likelihood of reoffending “almost non-existent”, noting also his remorse that he illustrated via apologies to “the court, the volunteer fire brigade and your family”. “Unlike many offenders who come before the court charged with this offence, or ones similar to it, you did not deliberately light a fire with the intention of causing any damage to bushland or property, nor did you light a fire just for the sake of it,” she said. “You exercised poor judgment which continues to haunt you. “Once the fire got out of control, you took immediate steps to try to extinguish it and you put yourself at-risk in doing that.” She applauded his “moral courage” for owning up to his actions and fined him $2000. The maximum penalty for the offence is 15 years jail.