BUSHFIRES SUBMISSION 16
Inquiry into Fire Season Preparedness My husband, Grahame Ernest Code, was falsely accused and charged for recklessly starting the Aberfeldy fire on 17th January, 2013. As a result, my family were treated appallingly by the Police Arson Squad and the Department of Sustainability and Environment (then known as DSE but now known as DELWP) and I would like this information recorded in the hope that no other family or persons are treated as we were. At 10 am. on 17th January, 2013, Grahame & our son Ian had burned some papers on our campfire. The fire was then put out with water that was pumped onto it from a nearby dam and it was definitely put out. I had walked passed it during the morning and was splashed by the water from the hose which was being powered by a pump from a dam about 10 metres away. The campfire was not smoking and was wet and cold. We lived on a river flat in a valley and the temperature remained very cool until about 11.30 am. The air was very still and although fire restrictions were in place, I believed a campfire was permitted in those circumstances. We all had jumpers on until later in the morning. Late that morning the Aberfeldy fire started in a camping area called Anderson’s Camping Ground, which is situated behind a hill from our house and property. Black billowing smoke was thick and rising up from behind the hill but we didn’t see it immediately. A small second fire was seen on our property by my son who was then 13 years of age, at the base of a clump of trees and this is where we were concentrating our efforts before seeing the much larger fire coming up behind the hill. I saw a third large plume of smoke from a fire further away at a distance of about 2 km. I told the Arson Squad our observations but they were not interested and did not investigate these at all. They were convinced that the campfire was the cause of all other fires seen on that day and told this to Mr. Les Veering, the DSE fire investigator when he arrived nearly a week later. Two other DELWP fire investigators came on the day of the fire but they could not say where the point of origin of the fire had come from. This was later confirmed by them both in court 12 months later, on 2nd December, 2013. Mr. Veering was not interested in any other fire except the ones on our property and he didn’t interview or speak to any of us at the time or since. The only time I have seen him is in the court in December 2013. He insisted the small fire first seen on our property had come from the campfire which had been lit and put out earlier that day, despite a contrary opinion by Mr. David Packham, another fire investigator who was also investigating the start of the Aberfeldy Fire. The campfire was 20 metres from the second small fire we first spotted and were trying to put out. On the night of 17th January, DSE decided to back burn an area back wind of the fire at the base of some hills a long way from where the fire now was. It was an extremely hot windy night and the winds roared all night and the skies were orange with fire. I was terrified and couldn’t understand why they lit a fire where they did and for what purpose. The fire had now gone away from this area and a back burn would have done nothing except endanger holiday homes and the township of Aberfeldy. At 4.30 am. DSE fire fighters came in to the house, obviously very frightened and said we had to get out immediately as the back burning had escaped the containment lines and all personnel and machinery were being taken out of the area. They said they were going to let the fire go and everyone had to leave the area. “Not enough crew were working and they didn’t have enough people to control it”, was what we were told by John Powell. We were not given an option, but forced to leave immediately. The historic Toombon pub was burnt to the ground that night as a result of that backburning. No‐one was held accountable. 1 of 4
BUSHFIRES SUBMISSION 16
I know that the backburning that was undertaken by DSE during this time, broke the containment lines and made the Aberfeldy Fire far worse than it could have been if it had have been handled correctly at the time. DSE chose to defend assets instead of fighting the fire, and then they chose to backburn on a hot windy night in a place that had no bearing on the fire. Houses were destroyed that night and Seaton was severely damaged by this same back burning that joined the main fire. Earlier in the day equipment was available and nearby (I saw it) and it wasn’t used because DSE said it was too dangerous. CFA trucks and fire fighters were on their way to assist and were told they were not required as the fire was almost out. This was a lie and valuable help was not utilised, even though the CFA trucks were already en‐route. After being forced from our home, we went to stay with friends in Buln Buln before being escorted back home two days later. I was requested to attend the Warragul Police Station where I was interviewed and gave a witness statement of what I believed had happened on the day of the fire. In the days following I was questioned extensively by Sergeant Paul Tierney from the Arson Squad and was asked many personal questions about how long I had lived at Aberfeldy, how long had I been married to Grahame, who was I married to before Grahame and if I had been married to a man who had once lived at Aberfeldy over 30 years ago. He then wanted to know who my children belonged to, who had fathered them and what religion I was. I was disgusted with his questions as he seemed more interested in my personal life than what had happened with the fire. My son Ian who was only 13 years of age, was interrogated for 3.5 hours at the Warragul Police Station and was told he was formally being charged of lighting the fire. A friend attended this interview with him as he needed an adult present. This was very frightening for him particularly as our solicitor told us he would not be able to be charged anyway. He was a minor and was under the authority of his father who was also present at the time. Later Ian was interrogated for another 3.5 hours and another friend had to be present. Once again Ian was very frightened by his treatment from the Arson Squad. Three search warrants were issued to our property and the police broke into the house at one time, entering the house through a window. We were not told about this until after it occurred as we were not living at the house at the time, having been told Grahame was not allowed to reside on the premises. All our computers were seized, including a business one of mine, a family history one of mine, Ian’s school computer, family history indexes and all our family photographs on CDs. Ian studies his schooling by distance so a computer was imperative for him. He did not get this computer returned until the Arson Squad was ordered to return it by the Magistrate 11 months later in December 2013. As a result Ian was unable to participate in all the class room lessons required for that year of his schooling. The small computer he was given by the school as a replacement did not have the capabilities his main computer had. I had an online business running at the time which almost collapsed as I had no computer in which to process orders or deal with enquiries. Grahame was officially charged with lighting the fire with 8 charges. He does not own a computer and cannot use one. I feel we were treated appallingly by the Arson Squad. The Victorian Police issued a caveat on the property, freezing our assets and bank accounts. This meant we were now unable to seek financial assistance to pay for our legal costs. All funding had to come from personal friends and associates. All our savings were spent and we borrowed another $21,000 from friends. I believe the Victorian Police did everything in their power to destroy us financially, which they did. My husband had been a very successful wedding celebrant but due to the press releases by the police, this income stopped overnight. He received many calls of abuse, cancellations of weddings and even threatening letters. The local police told us that they had stopped a number of people looking for our address because they had seemed aggressive and 2 of 4
BUSHFIRES SUBMISSION 16
unstable. Living in isolation as we did, meant we were very vulnerable from those wishing to do us harm. The local police was at least one hour’s drive away as was our nearest neighbour. I was working as a Casual Business Operations Officer at DSE but once Grahame was charged, I was told I was no longer wanted in the office and I would not be receiving any further work. So my income was now stopped as well. I was a Casual worker not an employee as I was paid by Hays Recruitment not by DSE, as all Casual staff for DSE are employed by Hays. I had worked for DSE for nearly 5 years and loved the work. Six months prior to the fire I had been an employee of DSE but my contract had finished so was transferred back to a Casual worker. Once Grahame was formally charged he was not granted bail as the Arson Squad believed “his presence would influence witnesses”. He was locked up for a crime he did not commit for three days until his solicitor was able to see a second Magistrate who overturned the first decision not to grant bail. Once Grahame was granted bail, he was not allowed to return to his home until the Arson Squad gave permission. This meant we had to look for another place to live. As we had dogs & chooks at home as well as being very isolated from neighbours, we had to arrange for friends to stay on the property to oversee it and feed the livestock. We went to live in Venus Bay for 6 weeks until we were allowed home. Ian & I could have returned home any time, but we were frightened to return on our own due to the negative press releases issued by the police. I also feared for Grahame’s welfare as his state of mind was not good and he was constantly talking of suiciding. I couldn’t leave him on his own at any time. At one time Sergeant Paul Tierney and Sergeant Mark Thomas turned up unexpectedly and saw me outside a milk bar at Tarwin Lower. They had me up against a brick wall in a side lane demanding my computer which was not at the house when they did a search warrant. I had given it to a friend to fix it as it was broken. I was forced to sign a statement allowing them to collect it and then I had to go to Traralgon a distance of 101 km. to be interviewed again about my activities surrounding the fire. I was under the impression this interview was a formality to sign papers about the photographs I had submitted. I did not realise this interview would go for another 3 hours. I felt the interrogation was about events that had nothing to do with the fire. I was asked many questions about Grahame’s ex‐wife and what I knew of her. I have never met her and don’t know anything about her, so I found this line of questioning very distressing. Sergeant Paul Tierney kept calling Grahame a “Silly old …” and wanted me to agree with him but I refused. I felt his behaviour was very unprofessional and intimidating. Once Grahame’s case was heard by the Magistrate on 5th December 2013, all charges except two were dropped, as the police did not have the evidence to support them. The Magistrate was scathing of the Prosecution as he could not see any evidence that Grahame had recklessly started the Aberfeldy Fire. I believe they would have known this when making the charges but were intent on being “seen” by the public of doing their job and charging someone for the fire. The Prosecution had solicitors and counsellors who were coaching the witnesses and it was obvious in court that witnesses were being told what to say. I found the court case very distressing as so many lies and untruths were being reported as true. I believe our family was victimised by the Arson Squad and the Victoria Police, intent on destroying us financially, which they did. I felt terrorised by their treatment of me and my son, neither of us being charged for anything, but were victims of the police’s intent to be seen by the public of “doing their job”. We had no money for counselling and had to seek financial assistance from organisations for food and living expenses. We lived on pensions as we had no income, (the police had destroyed what we had) and a high percentage of this was being paid to our solicitor and barrister. 3 of 4
BUSHFIRES SUBMISSION 16
I believe that the Arson Squad and DSE did not want to investigate the number of fires that were going at the same time on 17th January, 2013, as it was easier for them to find a victim and put the blame on him. I believe someone else lit those fires, many of them, and my husband was blamed for them all. The person or persons who lit those fires, has not been investigated and is able to do the same things again. The handling of bushfires is outrageous and people’s lives are put at risk, not to mention those who are blamed for the outcomes of decisions made by the DSE. The financial and emotional cost to families like ours, is appalling and no compensation or support is given or provided. Our family has not recovered from the way we suffered and I want to make sure no other family or person is victimised and treated as we have been over another bushfire. Lynda Code 4 of 4