The trial has begun against a former publican accused of torching the historic Globe Hotel in Bombala, shortly after he nearly tripled the building’s insurance premium.
Emergency services responded to a 000 call around 4:20 on the morning of 25 June, 2022.
Fire crews arrived and extinguished the flames engulfing the pub, built in 1857, but the damage was extensive and it later had to be demolished.
A crime scene was established by officers of Monaro Police District and forensic police examined the property.
They ruled the cause of the fire ‘suspicious’ and the unit began Strike Force Cadboll.
Following investigations 39-year-old David Robert Culican from Ambarvale was arrested early January in 2023, charged with damage property by fire or explosive – more than $15k, and possess ammunition without holding a licence/permit/authority.
Culican had taken over the pub lease in 2019 and lived onsite at the time of the fire.
This week he finally faced the start of a jury trial, in Queanbeyan District Court before Judge David Scully, where he pleaded not guilty to the charges.
In evidence by the prosecution the court heard Culican had increased the contents insurance on the pub from $180k to $480k in late 2021.
On the morning of the fire he was allegedly captured on CCTV moving “large amounts of personal items” around the pub, and separately, wearing a balaclava and carrying a blowtorch before he was seen getting into his vehicle, around 4:13am.
The triple zero call was made by nearby campers, who woke to the fire. They gave evidence on the first day of the trial.
The office of the Director of Public Prosecutions alleges the business was struggling financially, both due to the fallout of COVID and from local competition, and the insurance served as “an incentive” he hoped would see him “walk away with a handy little insurance payout”.
Culican had reportedly denied starting the fire, suggesting the cause may have been a faulty gas heater.
His defence asked the jury to forego judgement before hearing all expert evidence, offering “there were a range of possible accidental causes for the fire”.
Claims the business was struggling were also dismissed and the motive for increasing the insurance was said to be the need for an update to the premium by new owners of the building, and to protect his own considerable investment, which the defence argued “wasn’t reflected in the insurance policy”.
Insurance in pubs, particularly in regional areas, has become a major issue as many have irreplaceable items and features, structures can be aged and stocked with flammable materials, and people sometimes live onsite – all of which complicate valuations and claim investigations.
This case is amounting to a courtroom drama for the insurance community, and an exercise in the scrutiny prompted by a claim coming shortly after an increase in cover during the term of the policy.
It emphasises the importance of documenting the commercial reasoning behind any increase; appropriate motives include renovations, revaluations, changes in stock or in ownership.
Culican’s trial is expected to take around 10 days.
