NSW Bushfires Coronial Inquiry into cause and origin of Hillville fire

However, the origin of the fire is disputed by the then owners of the property, situated on the Mid Coast of NSW, who say the fire started in an unused chook shed.

The hearing into the cause and origin of the Hillville fire was held on day 32 of the NSW Bushfires Coronial Inquest, on Thursday, March 25. The Hillville fire burnt for around seven weeks, encompassing 310,000 hectares through large areas of State Forest, damaging or destroying at least 156 structures, including 61 homes in Hillville, Koorainghat, Tinonee, Old Bar, Rainbow Flat. Rainbow Flat RFS station was destroyed while the brigade was out fighting fires.

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The inquiry heard that the owners, an elderly couple (the husband now deceased), were having lunch inside their house and heard crackling. On checking outside, the owner said she could see the chook shed, which was some distance from the house and had not been used for around eight years, was "burning fiercely" but the fire was contained to there. When they got to the shed, she says the fire had started to escape to the grass around the shed and they tried to put it out but were unable.

The court heard that 000 was called, and also neighbours, who came to help.

"These neighbours sprang into action to assist the (couple) with fighting the fire with buckets, rakes and a 4WD with a tank and fire fighting pump," Assisting Counsel Mr Casselden said.

Despite their best efforts, the inquiry was told, the fire escaped into the neighbour's property.

The court heard that some time that afternoon (the husband) noticed the edge of a pile of logs located some distance from the house smouldering. He moved the top logs off, and sprayed the pile until "embers disappeared".

The inquiry was told the next day, the wife looked out and saw the pile of logs smouldering. Later that day, a neighbour pushed dirt over the pile of logs with a tractor.

On November 10, Mark Fullager, RFS fire investigation and arson intelligence, visited the scene to commence an investigation, accompanied by police.

Mr Fullagar said there were indications of low intensity fire moving away from the pile in a S/SE direction. Due to slope and vegetation it was surmised the fire then spread in an easterly direction up the slope, gaining intensity then crossing into the neighbour's property.

The court was told there was evidence of machinery use in the area where the pile of logs had been, that that it was still smouldering.

Due to time constraints it was decided to resume the investigation at a later date.

"Between Mr Fullagar leaving on November 10 and returning four days later, he recalls 'the fire scene had been dramatically altered, with the pile of dirt and logs having been spread out over the burnt ground by use of machinery and other material, unburnt logs, branches and polypipe introduced to the fire scene'," Mr Casselden told the court.

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Mr Fullagar was questioned as to why the scene had not been cordoned off at the first visit. The inquiry was told in the Memorandum of Understanding between NSW Police, NSW Fire and Rescue and the NSW Rural Fire Service, it was the duty of police to secure the scene.

Mr Fullager said on the second visit to the scene he was able to track the run of the fire back to the area where the initial pile of logs and dirt was first seen. He also identified two circular areas of bare earth near the fence in an area that had not been touched by the fire, that appeared to have previously had fires.

He said although the scene has been altered by November 14, there were still indicators present, and as such the alteration of the scene did not impact his conclusion. He said the indicators showed the fire had originated at the logs and had travelled up and out toward the chook shed and the neighbour's property.

Technical Detective Sergeant Guymer of the Manning Great Lakes Police Taree Crime Scene Section disagreed with Mr Fullager's theory, saying there were too few indicators to make any decision and his investigation was unable to determine any cause or site of origin.

The barrister appearing on behalf of the RFS, Mr Nicholas Newton, questioned Det Sgt Guymer about a sketch he took of the scene and his notes of the investigation. Det Sgt Guymer conceded "It was unlikely that (the fire) would have started in the chook shed and burnt back with the prevailing winds at the time."

Mr Fullagar's sketch also showed the fire advancing from the pile of logs to the chook shed.

When asked if it was possible the fire could have started from spontaneous combustion, both Mr Fullager and Det Sgt Guymer said it was highly unlikely, and that it would not have started from spontanenous combustion of poultry manure in a shed that hadn't been used for around eight years (the owners had asked the police during investigation if that were possible).

They were also asked if it was possible glass bottles or shards near the log pile or chook shed could have started the fire. They both replied that it was possible, but highly unlikely as they had not seen any sign of glass on the scene.

Assisting Counsel Casselden questioned the owner about the log pile that was the suspected source of origin. She told the court it was a pile of logs that was being kept to use for their indoor woodfire for winter.

When asked about Mr Fullagar's theory of the fire starting in the log pile, she said he was wrong.

"I can only say what I saw. I saw the chook pen alight. After that things happened. That pile of wood did catch alight but I don't know what order it was. I'm still trying to remember that. It was later in the afternoon," she said.

"Unfortunately the person who can really tell you what is not able to be here," she said, crying.

When asked if her or husband or anyone they knew lit the log pile, she said, "Absolutely not."

The matter has been stood over for formal submissions to September 5, 2022.

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