Burgertory accused took orders from ‘somebody above’
Two men were told to set fire to a Melbourne burger store through a middleman who took orders from “somebody above”, police have alleged in court.
Habib Musa at the Melbourne Magistrates’ Court, in Melbourne, Friday, February 1, 2024. A 27-year-old St Albans man is charged over a fire which torched a Burgertory chain restaurant in Caulfield which led to clashes between Israel and Palestine supporters. (AAP Image/Diego Fedele)
Wayle Mana, 25, appeared by video link at Melbourne Magistrates Court on Friday, where his lawyer said his client should be given bail as he was at a medical centre when the Burgertory store fire happened.
Detective Acting Senior Sergeant Michael Ferwerda confirmed Mana was not at the Caulfield burger shop when the blaze began after 4am on November 10, 2023.
“We’ve now received information that he was possibly at the Monash Medical Centre at the time of the fire,” he told the court.
He alleged Mana was involved in preparations for the arson, including instructing a co-accused to fill up two jerry cans with petrol.
“He’s a middleman. He takes orders from somebody above and … utilises underlings to go and commit the arson,” Det Snr Sgt Ferwerda said.
The detective said Mana told two men, including Habib Musa, “to go and set fire to the restaurant”.
“That’s based on some telephone intercept material from an unknown male, at this point, who offers him a job,” he said.
Prosecutor Edwina Dane opposed Mana’s bail, saying he was a risk of re-offending, flight and committing further offences if released.
However, she admitted the prosecution case for the Burgertory fire was “not the strongest” as it was based on circumstantial evidence.
The fire allegedly caused $450,000 in damage.
Mana is also accused of two car thefts and setting fire to a tobacco store in Bendigo, which resulted in more than $4 million of damage.
Defence lawyer Charles Nikakis asked Magistrate Brett Sonnet to release his client on bail with conditions, including a curfew and ban on leaving Victoria.
Mr Sonnet adjourned his decision to next week.
Mana’s co-accused, 27-year-old Musa, is on bail after being charged with arson and car theft.
The Burgertory fire led to clashes between Israel and Palestine supporters after the shop’s owner linked it to his involvement in a pro-Palestine rally and labelled it a hate crime.
However, police have said there was no evidence it was racially or politically motivated.
Emily Woods in Melbourne/AAP
Those involved should not be allowed bail, it is a serious crime and it is also a hate crime, the implications for causing a riot with possible injuries and death is obvious.