A magistrate has found a Victorian man who admitted to lighting a fire on the Far South Coast to "cleanse" the land was suffering from a mental illness.
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Darren Arthur Haddrill, of Benalla, Victoria, was sentenced on February 3, 2020, in Batemans Bay Local Court to two years' jail, but will be released on parole on July 26.
The unemployed 33-year-old appeared from jail by audio visual link before magistrate Doug Dick.
He pleaded guilty on Thursday, November 28, to lighting a fire the previous day in the Ben Boyd National Park, south of Eden, and recklessly allowing it to spread.
Haddrill was arrested nearby and told police he was a "crow" or "firelighter" in his Indigenous tradition and had lit the fire to "cleanse" the bushland so animals could move freely.
On November 28, Magistrate Doug Dick said a "custodial sentence is nearly inevitable", but adjourned the case for medical assessments.
"People who light fires often have some underlying issues we need to explore," Magistrate Dick said at the time.
"The fact sheet has some unusual issues stated in there."
On February 3, defence solicitor John Edmunds asked to the magistrate to find special circumstances were justified, due to his client's history of mental illness. According to medical reports tendered to the court, Haddrill had been off his medication for some time at the time of the offence. However, he had appeared to have a "cogent belief in what he was doing and that it was right".
Magistrate Dick said it was clear Haddrill "had a number of serious issues going on".
"It is clear you were not thinking at the time," the magistrate said.
Magistrate Dick said a doctor's report described Haddrill as likely to be suffering from schizophrenia, psychosis and "to be living under an illusion".
At the time of the offence Haddrill was listed as living at Union St, Benalla however he was understood to have no regular place of abode.
According to police facts tendered to the court, at about 11am on November 27, NSW Forestry crews were notified of a small fire in the Ben Boyd National Park near Narrabarba.
They told police Haddrill was seen shortly after walking from the scrub near Wonboyn Road and the Princes Highway. He was seen getting onto a bicycle and riding south on the highway.
The witnesses saw smoke coming from bushland in the area Haddrill had just left. Forestry vehicles followed the bicycle and stopped Haddrill.
He was questioned and admitted to lighting a fire. He claimed he was cleansing the land. Witnesses said he was in possession of a red lighter.
Police were called and spoke to Haddrill, who was then arrested.
He said he was doing a "smoking ceremony" and "cleansing" the land.
The court was told Haddrill made free and frank admissions to lighting fires in the Ben Boyd National Park.
According to police, the accused stated he was "crow", which in Aboriginal language means "firelighter".
The accused stated ants, koalas and other native animals could not walk from tree to tree because of the scrub and dense, high undergrowth.
He expected the fire would spread and resources would be required to stop the fire, but he believed people would have enough time, due to low wind and heat, to get out of the way.
The court was told numerous households bordered the national park, an area of dense, dry bushland.
The court heard the fire had the potential to be life threatening had it not been contained.
Magistrate Dick backdated the sentence to November 27, and Haddrill will be released on parole on July 26.