Fire ban ignored

The court heard Torney lit paper, cardboard and a plastic bag on fire in the backyard of his home in Campbell Rd, Cobram, shortly after midnight on January 26, 2024, during a fire danger period when fires were not allowed to be lit.

Police were called by the fire brigade at 12.05am and when they arrived 15 minutes later, the fire was out and the fire brigade was no longer there.

The fire burnt an area 1m by 1m.

The court heard when interviewed by police, Torney told them he was “just burning a little bit of cardboard and papers” and that he had used firelighters to light the fire.

Torney’s defence counsel Nelson Brown said Torney made admissions and was co-operative with the CFA and police.

He also said his client was in jail on remand for another matter now and would remain there “until it finalised”, so asked for a small fine in this matter.

When asked by the magistrate why Torney was lighting a fire at the height of summer, Mr Brown said it was lit on Australia Day, and that Torney was a First Nations person and it was “for comfort”.

Magistrate Victoria Campbell was scathing of Torney lighting the fire during a fire ban period.

“You think you can do whatever you want, when you want,” she said.

“You’re putting the whole community at risk when you’re lighting a fire in the middle of summer.”

Speaking himself in court, Torney said the fire was in a fire drum, and that he had put it out himself.

He said he then placed a wooden pellet on top of the fire “to stop my dogs chewing on the plastic”.

“This is the height of stupidity,” Ms Campbell said.

Torney was fined $2000.