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Judge Max Courtney has ruled there was insufficient evidence to prove Donna Joy Esma Mischeski was involved in a fire which destroyed St Philomena’s Church in New Plymouth on January 6, 2014.
He also ruled there was not enough evidence to suggest the fire had been started deliberately in the first place.
After the ruling, Mischeski, who was in court to hear the judgment, thanked Courtney.
Her lawyer Jo Woodcock was also “really pleased” with the outcome and said it had been difficult for Mischeski to have been accused of being involved in destroying the church, a place which had been a big part of her life.
Mischeski was arrested and charged with arson by New Plymouth police only hours after a blaze gutted the Brooklands Rd church and damaged the neighbouring St Pius X School library.
Outside of court, Father Craig Butler said while he was pleased with the ruling, parishioners of St Philomena’s were still sad about what had happened.
Following the fire, the church was demolished in July 2014.
“I continue to grieve with them for the loss of the church,” he said.
Courtney heard reports from New Zealand Fire Service’s Matt Crabtree, Grant Weavers who acted on behalf of the church’s insurer and Ken Legat who reviewed the case for Woodcock.
He said while the three men agreed the fire had started in the children’s room in the church building, none found evidence of an accelerant being used.
While Crabtree and Weavers believed the fire had been deliberate, Legat believed the cause of the fire was undetermined.
While Crabtree and Weavers both ruled out an electrical cause for the fire in their reports, Courtney said both men admitted under cross examination at the hearing that it could have been a possible factor.
He said reports from church goers about problems at the building, including a malfunctioning ceiling fan, flickering lights and blown fuses were not investigated and an independent electrical inspection was not requested by police.
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News category: New Zealand.
