A trial has begun for a South Coast man who pocketed more than $600,000 from charities and his insurer after he allegedly burned down his house and passed it off as a casualty of the Black Summer bushfires.
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Darren Mark Colquhoun blamed embers for the January 5, 2020 blaze that razed his home at Barringella, just west of Nowra.
But on Tuesday multiple witnesses told Wollongong Local Court the area surrounding Colquhoun's farm had earlier been blacked out with a hazard reduction burn, and that there was no bushfire activity near the property the morning of the blaze.
South Coast Police District's detective senior constable Kristen Sheaff told the court Coulquhoun was wearing green overalls and boots when she arrived at the home the morning of the blaze.
"[He said] that he'd been woken by the smoke alarm, that he tried to ignore it at first, that he got up and observed some black smoke coming from the ceiling, that he went outside and that's when he saw an orange glow coming from the roof of his house," she said.
The court was shown pictures of Colquhoun's "firefighting truck" - a ute with a large container in the tray, which he allegedly told the detective he had attempted to use.
"[He said] he's gone down to get his firefighting truck but he's realised he hasn't refuelled it. He tried to put water into the truck but didn't have any water pressure," Det Sheaff said.
Colquhoun told the detective he then went inside the house to salvage property.
He faces a range of charges including six counts of dishonestly gaining financial advantage by deception and one count of damaging property by fire for financial gain.
Police allege he let the fire burn for a significant amount of time before alerting emergency services.
He was allegedly paid $376,000 by the NRMA, $60,000 from the Australian Red Cross, $75,000 from the Rural Assistance Authority, $11,500 from the Salvation Army, $60,000 from Service NSW and $3000 from St Vincent de Paul.
Det Sheaff told the court Colquhoun replied, "no, I don't think so", when she asked if he had any insurance, later clarifying: "well I don't have any contents insurance. I rang up a couple of weeks ago and tried to take out insurance but they said I couldn't because there was a fire embargo".
Asked whether the house was insured, he allegedly replied, "I don't know. I have farm insurance but I'm not sure if that it covers the house".
The detective questioned this, saying "but you rang up ... to see if you had contents insurance. Wouldn't you have clarified ....?"
"I didn't think of it," was Colquhoun's reply.
In earlier evidence, Colquhoun's neighbour Phillip David Bourke said the wind had dropped off on the night of January 4, and the environment was quite still.
He said he saw RFS volunteers carrying out hazard reduction burns in the area until "about January 2".
"To the west of me and the south of me there was some pretty strong fire activity, but to the east of me [towards the Colquhoun property] and to the southeast of me there wasn't much activity."
First responder, Greenwell Point Rural Fire Brigade captain Samuel Thompson, gave evidence he saw no spot fires around Colquhoun's house, in the paddocks or across the road.
"What did you notice about the area across the road from the house?" Crown Prosecutor Nerissa Keay asked.
"It had already been burned out."
The judge-alone trial continues on Wednesday before Judge Christopher O'Brien.
Read the latest Illawarra court and crime stories here.
Angela Thompson
Proudly Illawarra Mercury since 2008; these days covering crime and justice issues. UOW alum. Thrilled by the chase and sobered by some of the things I see and hear when I stand still - sometimes in the same day. ang.thompson@austcommunitymedia.com.au
Proudly Illawarra Mercury since 2008; these days covering crime and justice issues. UOW alum. Thrilled by the chase and sobered by some of the things I see and hear when I stand still - sometimes in the same day. ang.thompson@austcommunitymedia.com.au
