THE High Court in Suva has acquitted a street dweller of arson following his trial on a charge relating to a fire that damaged the QVS Old Boys Club house in Toorak, Suva in June last year.
The court heard that Nigel Yogesh Singh, who was charged with a count of arson, slept on a metal bed situated underneath the elevated clubhouse building.
On the night of the incident, a fire broke out, causing approximately $13,300 in damage, primarily affecting the left wing housing the Hope Church Office.
Witnesses testified that clubhouse staff had warned Mr Singh against smoking and using lit candles on the premises. Fire Service Authority investigators concluded that a lit mosquito coil placed near cardboard cartons under the building likely triggered the blaze accidentally.
In a police statement, Mr Singh admitted to lighting a mosquito coil for protection on the windy night but denied intentionally starting the fire.
Justice Dane Tuiqereqere yesterday held that the prosecution failed to prove beyond reasonable doubt that Mr Singh acted wilfully or recklessly.
The court noted that while Mr Singh was warned against using candles, he had not been warned against using mosquito coils, as the risk of a mosquito coil causing a fire was low and could not be described as a substantial risk or a likely consequence.
