Casefile True Crime - Case 142: The Churchill Fire

Episode Date: April 18, 2020

Australia is no stranger to bushfires. But when Victorian Premier John Brumby warned residents that the weather conditions for February 7, 2009, could be “the worst day in the history of the state,��� no one could have predicted the damage that lay ahead.  --- Episode narrated by the Anonymous Host Researched and written by Milly Raso Creative Director: Milly Raso For all credits and sources please visit casefilepodcast.com/case-142-the-churchill-fire

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In late January 2009, South Eastern Australia was impacted by a blistering heat wave considered to be one of the most, if not the most, extreme in the region's history. It caused prolonged record-breaking temperatures that reached nearly 50 degrees Celsius in some locations. In the state of Victoria, this extreme heat caused power outages that resulted in the termination of public transport services and traffic light failures. Large public venues in the city of Melbourne were evacuated and the annual Australian Open Tennis Tournament was also impacted, with several outdoor matches cancelled. American tennis champion Serena Williams remarked that it was so hot on court

that she felt she was having an out-of-body experience. People were stranded inside lifts that had ceased operating. Wooden power poles were witnessed self-igniting and bushfires blazed across the state. Thousands of citizens required medical treatment, resulting in a 70% increase in emergency calls to ambulance Victoria, while the death rate increased by 45%. By the following month of February, the heat wave had cost the Victorian economy an estimated $100 million. On Friday, February 6, State Premier John Brumby cautioned the Victorians about the extreme weather conditions forecast for the next day, announcing that Saturday, February 7, 2009 would be the worst day in the history of the state.

Temperatures were once again set to soar above the mid-40s and a gale-force wind was predicted. A decade-long drought had left much of the Australian landscape incredibly dry and Victoria alone had missed the equivalent of two years worth of average rainfall. Premier Brumby encouraged people to cancel plans, avoid travelling and stay at home. Warning, it's just as bad a day as you can imagine and on top of that, the state is just tinder dry. People need to exercise real common sense tomorrow. Victoria had a long, disastrous history of wildfires and the weather conditions were predicted to be worse for those that preceded the devastating Ash Wednesday and Black Friday bushfires in 1983 and 1939, respectively.

The MacArthur Forest Fire Danger Index, which combined climate data such as temperature, wind speed and humidity, anticipated a result for February 7, 2009 that exceeded the algorithm's highest category of extreme. Thus, a new category was created titled Catastrophic. A total fire ban was declared and hundreds of firefighting personnel were deployed statewide. As anticipated, the weather on February 7 was sweltering with many new all-time maximums reached. Melbourne recorded its hottest ever temperature at 46.6 degrees Celsius. Throughout Victoria, bushfires ignited, fanned by high winds that blanketed the state in thick smoke. As their intensity grew, Australia's national broadcaster, the ABC, abandoned its scheduled programming to report solely on the hazardous situation.

Meanwhile, residents in rural and regional fire prone areas debated whether they should stay and defend their homes or evacuate and risk losing everything. Located in the rural region of Gippsland in Victoria's East is the La Trobe Valley. An inland district with three major urban areas, Maui, Morwell and Tarragan, and six smaller townships, including Churchill. Formerly known as Hazelwood, Churchill was purpose-built to accommodate workers involved in the construction and maintenance of the Hazelwood Power Station. In 1965, the town was renamed in posthumous honour of former British Prime Minister Sir Winston Churchill and grew into a commuter suburb for those working in neighbouring areas. Located 160 kilometres southeast of Melbourne, Churchill fetches a commercial centre for its several thousand locals, with wide parklands separating residential areas from industrial estates. Dense tree plantations, a national park and eight ridges of farmland frame the township, which is home to the scenic Lake Highland and a golden tower known locally as the Big Cigar after Winston Churchill's trademark smoking habit. At 1.32pm on Saturday, February 7, 2009, 000 emergency services received a call regarding a wildfire just outside Churchill.

The blaze was four kilometres southeast of town, near the intersection of Glen Donald Road and Jelliff's Outlet, two unsealed stretches of winding roadway that cut through the rural outskirts. It had emerged from the bottom of a natural basin, the Bennett's Creek catchment, which consisted of blue gum, eucalypt and pine plantations, surrounded by hazardous surface fuels such as shrubs, wire grass and blackberry bushes. Three minutes after the call, a pilot flying a firefighting aircraft ten kilometres from Churchill sighted a column of dark smoke hundreds of feet high rising from the fire's location. Within ten minutes, the flames had travelled roughly one kilometre and were in the vicinity of forests managed by timber company, Hancock Victorian Plantations. The plantations' surveillance planes, which were overseeing the entirety of the Latrobe Valley that day, were diverted to Churchill to carry out reconnaissance work. Despite being in its early stages, the fire's behaviour was noted as extreme. By the time first responders arrived, the blaze had spread rapidly and was burning on both sides of Jelliff's Outlet. Spotfires began igniting around it, straining resources and impacting efforts to tackle the central inferno directly.

Requests were made for more tankers and air support, however, the intense heat was causing water to evaporate before it even hit the ground. The focus then shifted to warning surrounding communities of the urgent threat. Roadblocks were established around the fire as emergency services personnel visited nearby residences to raise the alarm. By 2pm, the fire had been raging for almost half an hour and remained out of control, despite the arrival of additional firefighting crews. It continued to move in a south-easterly direction through the broad valley of Bennett's Creek. Aircrew observed the fire cresting the ridge along Jeralang North Road and by the 50-minute mark it had travelled about 7km. More spotfires were reported and by 3pm, the blaze had burned through a pine plantation and damaged a communications tower. Efforts to protect assets continued as emergency relief centres were established in nearby townships.

At 3.20pm, the fire had destroyed its first homestead at the intersection of Thompson and Jeralang North Roads. By 5.15pm, it was approaching the slopes of Mount Tassie, 10km due southeast of Churchill and spotting to the mountain's east side. As emergency crews tackled the surrounding spotfires, the apex of the inferno raged onwards. Earlier that day, Australia's Bureau of Meteorology had predicted a severe wind change that would hit Gippsland between 6 and 8pm. Shortly before 4 o'clock, their prediction was amended to the window of 5.30pm and 7pm. The planning officer responsible for the Churchill fire, unaware of the amendment, told the incident management team to expect it at the midpoint of 7pm. When the change arrived an hour earlier than anticipated, it sent 70km an hour gusts through the region that suddenly shifted the fire in a northeasterly direction. The winds posed a significant threat to aircrafts and forced them to land as a 15km long uncontrolled flank of fire developed that ran from the origin point near Churchill through to the east side of Mount Tassie.

As it progressed forward, burning debris rained down and ignited the surrounding vegetation almost instantly. It was accompanied by an ear-splitting rush of white noise described by witnesses as the sound of immense pressure, like that of a jet engine. Following this hurricane-like wind change, the fire was at its most dangerous, threatening multiple townships as well as the one-ron state forest. Residents working fervently to defend their homes were now blinded by an all-encompassing blackness composed of smoke and dash. All of a sudden, the inbound firestorm appeared through the dark like a sunrise. Churchill resident Greg Weir stated, I knew the firefront was coming, you could hear it, you could smell it, you could feel the heat coming up out of the valley. The flames were right there and were the height of the trees and that again, 300ft high plus.

There were big, swirling vortexes, just big, swirling masses of flames that would burst and explode out of the treetops. Shortly after 6pm, three water tankers belonging to volunteer fire service, the Country Fire Authority, were involved in a series of burnovers, wherein their crews were forced to take shelter where possible as the fire entrapped them. The burnover hit with, quote, great ferocity. Firefighter Graham Chesterton recalled, I could see embers start to fall, it was like they were coming from everywhere, it became very smoky and everything started to burn rapidly. There were spotfires on the ground all around me and the trees started burning. At that stage, I guessed I had about 10 to 15 seconds until I would have to make a move. Within those seconds, the conditions deteriorated so rapidly that I realised it wasn't safe to leave the truck.

At that time, I did not know where all my crew members were. I made the decision to make a Mayday call. I said something along the lines of, we are completely surrounded by fire. The burnover lasted an estimated 10 minutes. Firefighting crews elsewhere listened as their colleagues frantically broadcast Mayday calls over radio, but were unable to approach the scene due to the level of danger. All they could do was respond, there is nothing we can do for you. Incredibly, none of the firefighters caught in the burnover lost their lives. The fire finally slowed at 8pm and by the following day of Sunday, February 8, it was mostly brought to a halt, although burning continued in heavily fuelled areas.

The Churchill fire, named after its point of origin, was not officially listed as under control until 11 days later on February 19. More than 600 firefighting personnel battled the blaze, supported by 105 vehicles and appliances. In total, it had burnt more than 25,861 hectares and destroyed 145 homes. Elsewhere, 400 separate bushfires had devastated the Victorian landscape, with the most destructive and deadly being the King Lake and Marysville fires in the states northeast. Collectively, the fires had released 80,000 kilowatts of heat, the equivalent of 500 atomic bombs. 173 people had perished and 414 were left injured. More than 2,000 homes and 10,000 kilometres of fence line had been raised and an estimated 1 million animals were killed.

February 7, 2009, became the deadliest bushfire catastrophe in Victoria's history and was henceforth referred to as Black Saturday. 58-year-old Alfred Frandow and his wife Elaine lived on Old Calagney Road in Calagney with their youngest son, Mark, who was disabled and in their care. The couple had made no plans for what they would do if a bushfire ever threatened their livelihoods, as the possibility never really crossed their minds. On February 7, 2009, a neighbour alerted the Frandows to smoke rising in the direction of Churchill. The fire was nearly 15 kilometres away and to the couple was certain it would not reach their property. As a precaution, they collected a pump, polypiping and a spray nozzle and connected them to the dam near their house. As the fire drew near, Elaine took their son Mark to her parents' house for safety. Alfred remained behind and was soon joined by his eldest son, 27-year-old Scott, who had arrived to help defend his parents' property.

At 5.59pm, Scott sent his partner a text informing her that although they didn't know exactly how close the fire was, it was very close and they were in trouble. He then phoned his mother to tell her that the hay shed at the bottom of the paddock was on fire and requested she call the fire brigade. Less than half an hour later, Scott phoned a friend who later recalled. He sounded terrified and in a raised voice he said, Get some fucking fire trucks here, before the call dropped out. At 6.30pm, a couple evacuating the area drove past Alfred Frendow's vehicle, which was located about one and a half kilometres from his property and burning on the opposite side of the road. Alfred's body was later found in his car. 60 metres away, resting in burnt bushland off the road, was Scott Frendow's vehicle. His remains were recovered 14 metres from his car.

It appeared the father and son had made a last minute decision to evacuate in separate vehicles before Scott had attempted to flee on foot. When Elaine Frendow returned home a week after the fires, she broke down upon discovering her house was still standing. Her husband and son had succeeded in defending the property. For 13 years, Bill and Shirley Gibson had lived in their single story red cedar home on Glendonald Road in Hazelwood South. Built in the 1970s, the house sat on a large sloping bush block surrounded by woodland. The couple kept their property in neat condition, ensuring the lawn was trimmed and the guttering was clear. Shortly before 2pm on February 7, 2009, after the Churchill fire arose within two kilometres of their home, Bill and Shirley elected to leave the property. As they packed their car, one of their son's 49-year-old Colin drove up to the house.

He was intent on protecting his parents' home and refused his father's request to leave. Colin was soon joined by his younger brother, 47-year-old David. Both men were experienced in fighting fires. David had been a member of the Country Fire Authority for 25 years and was considered very, very competent when it came to firefighting. While Colin had been a lieutenant in the Queensland Fire Service. After their parents had left, the brothers spent the afternoon hosing down the house, flooding the gutters with water, dampening cushions on the veranda, hanging wet towels over the windows and filling everything they could with water. They phoned family members as they worked, telling them that they were safe, that the fire was not close by, and that they would leave shortly.

In a call to his mother, David reassured her, the house is safe mum, don't worry about it, and told her he loved her before hanging up. At 3.30pm, David spoke over the phone with a police officer stationed at a nearby roadblock, who warned him to expect very strong winds that could produce very dangerous conditions. David contacted his son at around 6pm to report that the fire had passed, although he also mentioned, quote, something about a wind change. It arrived 15 minutes later. Early the following morning, Colin and David Gibson's bodies were found in their parents' destroyed house. The only possible escape route had been the 200 metre driveway to the main road, which at the time of their deaths had led directly into the fire.

51-year-old Alan Jacobs and his 50-year-old wife Miros lived in a brick veneer house with a corrugated iron roof, situated in a densely-treated area of Cornala. Their remote, sloped property backed onto a creek and was described by a neighbour as the most beautiful little valley you could ever live in. Alan and Miros had been married for 30 years and had two sons, one of whom was overseas. Their fire plan was to stay and defend their property, which was equipped with independent power, several sources of water and firefighting equipment. They were prepared to take shelter in a workshop garage positioned beneath their house and wait for the fire front to pass, then emerged to extinguish any remaining spotfires.

The workshop was accessed via a roller door and had a concrete base and ceiling with double brick walls and a large window at one end covered in a steel shutter. On February 7, 2009, Alan and Miros were joined by their son Luke and his friend Nathan Charles, both aged 21. They, along with several of their friends, spent the afternoon preparing the Jacobs home for the fire. The fire front was just over the hill, but based on the blazer's migration, it was only expected to skim the edge of the property. Nevertheless, discussions were held in relation to staying or evacuating. Alan Jacobs told the others that the choice was theirs, but the garage would be a safe haven for those who remained behind. By 6pm, almost everyone had left or was leaving.

Nathan Charles was the only person who decided to stay behind with Alan, Miros and Luke Jacobs. The wind changed soon after, and at 6.44pm, Nathan placed a call to triple zero, explaining that the house was on fire and that they were trapped. He then phoned his father and sounded as though he was saying goodbye, but the call dropped out. Nathan's father then received a text from his son that read, Dad, I'm dead. I love you. The fire destroyed the Jacobs carport, cars, boat and almost the entire house. The bodies of Alan, Miros and Luke Jacobs and Nathan Charles were found the following day inside the garage, which remained intact. A forensic scientist concluded,

With the doors closed tightly and the window shuttered, ventilation would be limited. In the circumstances, with carbon monoxide and deoxyde levels increasing and oxygen being consumed in the fire, ventilation could be a critical issue. All four victims had asphyxiated. Colligny resident Jenny lived in a single story house with her husband Glenn and their two young children. Although their property was bordered by bushland, it was clear of vegetation and trees. Jenny and Glenn's fire plan was to fire off any floating embers with their basic equipment and to leave if the situation worsened. In the early afternoon of February 7, 2009, Jenny dropped her children off at her in-laws and returned home to her husband. She hoped her mother, 51-year-old Annette Lethem would stay in the comfort of her home as she had an autoimmune disease that limited her ability to move quickly.

However, at 5.30pm, Annette and her husband Rodney arrived at Jenny's house to help defend the property. They were aware of the smoke and strong winds, but the lack of embers and ash meant there was no indication they should be seriously concerned for their safety. Just before 6pm, Rodney received a call from his brother who warned him of the anticipated wind change. Neither Rodney nor Glenn understood the implications of this, with Glenn later stating, I had no idea that the fire front would be heading directly for us when the wind changed. Rodney and I both thought it would horseshoe around us. By 6.30pm, the power had gone out and the countryside was enveloped by a haunting red glow, prompting Jenny, Glenn, Rodney and Annette to discuss their options. When embers started swirling around the property at 7pm, the group decided to evacuate.

Jenny and Glenn left in separate vehicles, with Rodney and Annette following behind in their yew. Within minutes, Cinder was raining down around them like red hot bullets. As Rodney drove, he was confronted by what he described as a massive, fast, furious grass fire. As the fire front rose over the hill and began raining thick black droplets onto his vehicle's windscreen. Surrounded by fire and unable to see clearly, Rodney tried to back the yew into a dam, but when it appeared to stall, his panicked wife decided to make a run for the house. Annette led them open to the passenger side door and leapt out, immediately falling into the fire. Rodney rushed to help, but was unable to save her.

Despite witnessing his wife's death and having sustained severe burns to 40% of his body, Rodney went on to battle several spot fires and managed to save his daughter's house. In September 2007, Martin Schultz and his wife Rachel relocated from Queensland to Victoria with their young son and settled into a house on Factory Road in Coligny. By 2009, Martin and Rachel had separated, but maintained an amicable relationship. Martin worked in a local brick factory and continued living at the Coligny property with his pet dog, Kelly. Martin was home alone on February 7, 2009, when his father-in-law called to inform him about the fire underway in Churchill. At around 3pm that day, a neighbour visited to warn Martin of the fire's proximity, estimating that it was only about 10km away.

Martin was unaware of the danger. Although some smoke was visible, it was mostly obscured by a large ridge behind his house and there was no odor in the air. His father-in-law phoned a second time at about 4pm, telling him that the fire was moving in his direction and to prepare to leave. Martin responded that the fire was not there yet, but he was ready to go. An hour later, he spoke to his ex-wife Rachel, asking if she wanted him to pack anything in the car before he left the property. She pressed him to leave immediately, but Martin assured her that it wasn't that bad, as the fire wasn't there yet. Martin then spoke to his sister on the phone, who encouraged her brother to act intuitively, despite the Country Fire Authority's website deeming the area safe. She called back a short time later to warn him about the anticipated wind change.

Martin told me if the wind came from the south, he was screwed and that he was going to leave. At 6.40pm, Martin phoned his ex-wife once more to tell her that he was in the car. Rachel recalled, I could hear the wind and the incredible roar, so it must have hit by then. I could hear fear and hurriedness in his voice. She instructed Martin to go to her father's house. 20 minutes later, a distressed Martin called his father-in-law and stated, There's a tree across the road and I'm on fire.

This was the last anyone heard from Martin Schultz and he was registered as a missing person the following day. Almost a week later, Martin's body, along with that of his dog, was found in his burnt-out car in a creek bed three kilometres from his home. Gertrude and Eric Martin immigrated to Australia from Germany in 1956, bringing with them their two children before having their third in Melbourne. In 1973, the Martins purchased the dilapidated old dairy farm on Jirilang North Road in Jirilang, then set about fixing up its weather board and cement sheet home. They added a wood grain extension and filled the surrounding garden with ornamental trees and shrubs. The pair worked on the farm for 30 years, but had recently settled down when Gertrude's health declined. At 80 years old, she suffered from a heart condition, high blood pressure and had trouble with her hips.

Eric was aware of the fire danger forecast for February 7, 2009 and spent the morning making final preparations to defend his home. At 2pm, a neighbour who lived 15 kilometres down the road phoned 000 to report that the fire was about a kilometre away from his property and heading towards the Martins. Police officers were tasked with conducting a welfare check on the elderly couple, however their notes did not specify a name or address, so it was not carried out. As Gertrude made lunch, Eric noticed grey and yellow smoke in the air, which was soon accompanied by flames. He grabbed his pump to soak the exterior of their house, but the suction hose had already melted. Burning branches, sticks and leaves rained down onto the roof, while inside the home, heat and smoke radiated down the hallway into the kitchen. Realising there was no hope to defend their home, Eric guided Gertrude towards a rear door that led out to the back porch. When he opened the door, fire immediately shot inside, so he quickly slammed it shut, later explaining.

I don't know how long we waited, but the house was burning and everything around us was burning. After a minute or two, I tried the door again and the flames were totally gone. When the blaze subsided, Eric led Gertrude outside into the fence line, where she expressed a need to rest and settled down by a fence post. Eric placed a wet towel over his wife's head and headed back to the house to extinguish several spot fires. Upon returning to Gertrude minutes later, he found her lying on the ground as though she was sleeping. Eric held her hand, only to realise she had passed away. It was later determined that Gertrude Martin had died as a result of a heart attack. You know that feeling of getting lost in a story you're listening to?

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with witness reports isolating its origin to somewhere near Glendonald Road and Jelloph's Outlet, around four kilometers southeast of Churchill's Town Centre. Local wildfire investigator from the Department of Sustainability and Environment, Ross Pridgen, had examined the scene the day after the blaze. First responders had reported two parallel fires burning in the area before they connected into one catastrophic inferno. Pridgen was able to isolate exactly where the two fires had met, and after inspecting the location for an hour,

he had calculated the origin point for each. They had ignited 100 metres apart on either side of Jelloph's Outlet. The first started amongst the dry brush and bracken within the surrounding plantation. The second had arisen from a pile of discarded junk that included old tyres, mattresses and faulty bicycles, none of which were capable of self-igniting. All scenarios, including that the fires had been caused by car exhausts, campfires, broken glass, lightning strikes or discarded cigarettes,

were explored and ultimately rejected. The possibility that embers from one fire had started the other was also ruled out, as both blazes arose in quick succession and it typically takes upwards of 15 to 20 minutes for such spreading to occur. Additionally, a stray ember from the first fire would have had to travel backwards than sideways against strong winds to start the second. Arson detectives were certain the Churchill fire had been deliberately lit. Although no evidence of any improvised or delayed incendiary devices

or flammable liquids was uncovered at the origin point, one fire expert claimed that something as simple as a lit match or cigarette lighter would be enough to cause the wildfire, even the dry condition of the forest, coupled with the hot, windy weather. Hancock Victorian Plantations, the timber company that owned the forest, had patrolled the area from the ground and sky throughout February 7 and hadn't reported anything suspicious. As the state was on high alert that day,

police had also been covertly surveilling known firebugs in the region, however, none had visited the scene of the crime. Although not an exact science, Arson profiling did offer investigators some insight into the type of person capable of carrying out such an act. According to one prominent model, the fire-setting intervention program for mentally disordered offenders, arsonists are typically male, unemployed or struggling in the workforce

from a disadvantaged background, exhibit poor social skills and have a family history marred with abuse and or addiction. Deliberately lit fires are more common in semi-rural bushland regions such as those within the Latrobe Valley where public transport was poor, incomes were low, youth unemployment was high and child abuse and neglect occurred at a higher rate per capita. Motive could have ranged from an act of revenge to a targeted attack or a random opportunity.

As only 1% of arsonists are ever caught, the odds of solving the crime were stacked against Operation Winston. In response to Victoria Police confirming that they were investigating the work of an arsonist, Australia's Prime Minister Kevin Rudd remarked, What do you say about anyone like that? What do you say? I don't know. There's no words to describe it other than,

it's mass murder. While arson squad detective Senior Constable Paul Burdenchello was re-examining the crime scene, a weather board farmhouse on the top of a hill to the east caught his attention. He visited the homestead, which was just up the road from the property where brothers Colin and David Gibson had lost their lives. Liam Ferguson, a student aged in his early 20s, answered the door. Liam, along with members of his immediate and extended family,

had managed to save their house, although the landscape around it was completely destroyed. Liam told Detective Burdenchello that he was defending an area of his property by himself on the evening of Black Saturday, when a man suddenly emerged from the fire and smoke. He was aged in his late 30s with a stocky build and had a, quote, The man was dressed in camouflage print clothing and heavy work boots carrying a small tank-colored terrier dog called Brocky. Liam presumed he was trying to escape the fire

until they fled into the house together, where the man stood calmly in the living room. Liam ordered him to call triple zero before returning outside to search for his father. Once the fire front had passed, the man helped Liam and his family hose down the area. Liam introduced himself as Brendan and said he had been in the area helping a friend and former colleague who lived close by named Peter Townsend. Brendan explained that his car had broken down along the road and expressed concern that if it was destroyed, insurers would only pay him $500, not enough money to replace it.

Brendan was described as vague and only spoke when spoken to. At around 10pm, a fire truck arrived at the Ferguson house and the family asked the crew to take Brendan home as he made them feel uneasy. Liam gave Detective Burton cello a plastic bag that contained a camouflage print canvas hat that Brendan had left behind. He also recalled seeing a stationary sky blue Holden sedan on Glendonald Road on February 7. It was parked at an odd angle on the grassy verge as though the driver had pulled over suddenly and abandoned it.

Liam's mother had also observed the car when she evacuated the area at 2pm, around half an hour after the fire had been lit. Another local had witnessed the Holden driving up and down the street in recent times and presumed it belonged to one of his neighbours. On February 7, he too saw it parked haphazardly on Glendonald Road as a man frantically tried to start its engine. Despite the man's efforts, the Holden had been left behind and was burnt by the fire with its upholstery, windows and tyres incinerated.

According to one witness, the car's owner returned to the area the day after the blaze with a tow truck but was advised to leave the vehicle as it was part of a crime scene. He retorted, Don't start that shit. I came down to help a mate with the fires. The car was towed to Connelly's towing and panel beading in Morwell, just over 10km north of Churchill. When detectives visited the panel beaders to ask if they had recovered any vehicles from the fire zone, the shop owner said they had only picked up one.

He showed detectives a burnt-out, colourless shell, which had once been a sky-blue 1974 H.J. Holden. They could barely decipher the damaged license plate, which read SLW 387. The towing receipt had been made out to a man named Brendan Sockalock, who lived on Sheoke Grove in Churchill. When detectives checked Brendan Sockalock's details, they learned that he was 39 years old and didn't have a criminal record. They decided to speak with Peter Townsend, the friend who Sockalock had allegedly visited on Black Saturday. Peter had previously worked with Sockalock at Monash University's Gippsland campus, where they were both employed as gardeners. On February 7, Peter and his wife were evacuating by car when they noticed Sockalock's abandoned Holden on Glen Donald Road. Despite Sockalock telling others that his reason for being in the area was to visit Peter, his vehicle was parked some distance from the Townsend's property and faced away from it.

According to Peter, Sockalock had a poor reputation at their former workplace, where he was known to lie and make up stories to impress others. He was considered childish and would scare colleagues by leaping out of bushes or bins, poke snakes with sticks, and brag about tying cats tails together. He repeatedly stared and grunted at one female staff member, until she eventually resigned because she couldn't stand it any longer. In moments of anger, Sockalock would threaten to kill others and their families, but smiled as he did so, confusing his targets as to whether he was joking or not. Those who complained about his behavior often found their cars damaged or tools missing. Sockalock was never caught committing criminal acts, presumably because he knew the location of the campus' security cameras and avoided them accordingly. Sockalock worked at the university for 18 years, until in mid-2006, he was finally terminated following a dispute with his supervisor. The supervisor had put together a list of staff grievances regarding Sockalock, which included him following colleagues home and later informing them,

watch out, I know where you live, challenging the boyfriend of a female staff member to a duel, lifting the guard on his ride on muller to shower debris on colleagues and deliberately running over golf balls, causing them to shoot out at bystanders. Sockalock's neighbors were also unnerved by his behavior. They would hear him tinkering in his backyard shed while he listened to the children's television shows Bob the Builder and Thomas the Tank Engine. One woman noticed him leering over her fence, prompting her to hang up drapes to prevent him from seeing into her windows. The day after Black Saturday, Sockalock left a voicemail for Peter Townsend, in which he stated, Peter, it's Brendan, I tried to get up, see if you're alright, my car broke down in Glen Donald Road and it's torched now. Tried to get hold of you, but you were busy, I'll catch up with you later mate, hope you're safe and well. Peter also informed detectives that shortly before 2pm on the day of the fire, he saw Sockalock getting into a car belonging to a local woman named Natalie Turner.

Natalie had been with her parents that day, when she noticed the smoke and decided to flee the area with her partner and children at around 1.45pm. They drove along Glen Donald Road, where a blue Holden sedan slightly obscured their way. A dazed man stood alongside it with his small dog. Natalie and her partner offered him a lift, taking him all the way to his home in Churchill. During the drive he remarked, I hope my car doesn't burn. He repeated the comment when they dropped him off, before quickly adding, Oh, and I hope nobody gets hurt. Investigators obtained records from triple zero emergency services, which listed the telephone numbers and addresses of individuals who called them on Black Saturday.

It was discovered that the call placed to triple zero when the Churchill fire commenced, came from a phone belonging to Brendan Sockalock. On Thursday, February 12, five days after the fire, police arrived at Brendan Sockalock's modest brick veneer bungalow in Churchill, only to discover no one was home. A call to Sockalock's mobile phone revealed he was out delivering newspapers, a side job he had taken to supplement his income. Investigators caught up to him and placed him under arrest for arson. He responded, I didn't light any fires. A search of Sockalock's house uncovered matches in a bathroom, a lighter in his bedroom, the registration for his burnt out car, and a business card from Connolly's towing and panel beating in Morwell. His backyard was cluttered with junk furniture and electrical equipment that was scattered around patches of scorched earth. Investigators set up a camera for a video interview in the property and escorted Sockalock inside.

The footage captured the stocky man with short graying hair in an outfit consisting of a sweatshirt, shorts and long socks in varying shades of green. When asked to confirm his name, age and date of birth, Sockalock responded in a slow, disjointed manner while keeping his hands in his pockets and shifting awkwardly in place. He replied, Brendan, before pausing and pulling a face. He then stated, 30 something or rather. He answered the question, what's your mum's name? With mum. The detectives were perplexed by Sockalock's abrupt change in demeanor. Up until this point, he had spoken to them fluently and coherently, but as soon as the camera was on him, he acted obtuse. Sockalock pointed to a police officer outside and asked who the bad man was and continued to respond to questions in an indecipherable and childlike manner.

He stated he couldn't remember what he had been arrested for and when it was made clear to him that it was in relation to the Churchill fire, specifically arson causing death, Sockalock replied, probably. Interviewing detective and head of the arson squad, senior sergeant Adam Shoesmith asked, does this all sound familiar or you're not sure? Sockalock responded, I don't really comprehend things too much, before adding, I'll say yes, just to make you happy. At this point, the interview was suspended, having only lasted six minutes. Investigators spoke with Brendan Sockalock's father, who revealed that his son had an acquired brain injury from birth. Sockalock was then escorted to the Morwell police station to await assessment from a specialist. During the ride, his demeanor changed yet again and he was back to being astute and lucid while also displaying a hint of arrogance.

He made snide comments to the driver, such as, Two hands on the wheel for beginners and asked, are you nervous mate? When it was placed inside an interview room and a tape recorder was switched on, Sockalock's manner of speaking once again became vague and simple. He said he couldn't remember his middle name and he would ramble incoherently to avoid answering direct questions. Detectives believed Sockalock was playing up his impairment and took a break from interviewing, when suddenly he announced, I want to start talking. Sockalock had described his actions on Saturday, February 7, 2009, explaining how he'd spent the morning shopping with his father, before the pair headed back to Churchill shortly after having lunch. Sockalock was driving his Holden, which was having issues in the heat and was on the cusp of stalling.

Before dropping his father off at home, Sockalock told him he planned to drive up into the hills to where his friend Peter Townsend lived. He returned home briefly to change into some heavy work boots, then visited a nearby petrol station to purchase a packet of Paul Maul Slim's green cigarettes. As he drove along Glendonald Road towards Peter's place, Sockalock lit a cigarette with a lighter. Due to the uneven surface of the road, his car vibrated, causing an ember from the cigarette to fall onto the car floor. Sockalock picked it up with a napkin, which he then tossed out the window. He claimed the ember caused the napkin to ignite. I noticed there was fire and I panicked and I called triple zero and I just tried to get away as quick as possible. Just panicked. Sockalock's car happened to break down further along Glendonald Road, leaving him stranded.

When firefighters arrived at the scene soon after, they noticed Sockalock, whom they did not recognize, staring at the growing blaze with his dog in his arms. They ordered him to leave the area, but he continued to watch the flames. Shortly after this, Natalie Turner and her partner pulled up and offered Sockalock a lift back into town. Upon returning home, Sockalock climbed onto the roof and watched the fire in the distance for a while. At around 4.30pm, he walked back towards Glendonald Road where he had left his car. He avoided the main roads, which were blocked off by police, instead moving through burning paddocks, where he was spotted by emergency responders who were left stunned by the sight of a man walking his dog amidst the fire. Sockalock claimed he visited Peter Townsend's home to check on him, but said his friend wasn't there.

This assertion was denied by Peter, who told police that he was indeed home at the time, protecting his livestock. Sockalock then crossed the road to the Ferguson's property, where he remained for several hours. Sockalock told detectives that he hadn't been able to sleep properly since the fire and accepted that it was his fault that 11 people died. The interview concluded with Sockalock being asked if he had told anyone what he had done. He replied, No, cause they, people, would go and form a lynch thing and chop a person up, so I kept quiet. An examination of Sockalock's home computer revealed dozens of photographs of firefighters battling the blazes on Black Saturday. It was also discovered that he had sent an anonymous email to Crime Stoppers three days after the incident, which read,

I saw a Department of Sustainability and Environment firefighter light a fire on the edge of the road as I went past. I'm scared the bad man will get me. He described the arsonist as driving a white four-wheel drive utility vehicle and deliberately lighting the fire on the edge of Glendonald Road. Investigators believed this report was an attempt to throw them off by identifying a false suspect. Sockalock appeared uneasy when informed that his computer was being examined and it was soon discovered that he had evidence of child abuse material on the device. Throughout his confession, Sockalock reverted to his child-like behavior and speech pattern. That night, a medical officer diagnosed him with the developmental disorder autism, which is characterized by restrictive and repetitive behavior and to difficulties with social interaction and communication.

Autism is thought to cover a broad spectrum with some diagnosed individuals experiencing severe impairments, while others function at a higher level with less debilitating symptoms. Sockalock was also found to have a borderline intellectual disability. Brendan Sockalock spent the remainder of the night in police custody. The following day, he was escorted to Jelliff's outlet for a filmed field interview. Standing amongst the charred forest, Sockalock fidgeted and diverted his gaze, while again describing how he had started the fire by throwing a napkin containing a cigarette ember out of his car window. Detectives were aware that the Churchill fire emerged from two glazes that had been led in quick succession along Jelliff's outlet.

Yet Sockalock maintained that he had only started one and it was unintentional. I didn't mean any of this to happen. I had no intention of this all to happen. Now I have to put up with it for the rest of my life and it makes me sad. Police were skeptical of Sockalock's story. When they spoke with other members of the Churchill community, they discovered that many viewed Sockalock as a cunning and disturbed individual. Sockalock had also harboured a fascination with fire from a young age. As a teen, he'd bragged about lighting a fire in the toilet of a local milk bar and another in a park. Sockalock later joined the country fire authority before it became mandatory for volunteers to undergo police checks with one family friend telling police.

He loved the fire trucks and the power of being a hero. However, he was dismissed within the year, then twice prevented from rejoining due to suspicions that he was deliberately setting fires. According to the book The Arsonist, a Mind on Fire by true crime author Chloe Hooper, a CFA captain reported that Sockalock had admitted to starting fires so he could go out on the truck and help fight them. Days after the Churchill fire, Sockalock gave several explanations to others as to why he was in the vicinity of the blaze at the time it started, including that he was attending a wedding, visiting a friend and going to get a chisel back from an acquaintance. In one conversation, he described how a cigarette burning down to a fuel source would provide enough time for an arsonist to flee. Questions were raised about Sockalock's mental capacity. A former colleague described him as the most cunning person he had ever met, stating, I am aware that he may have a mental impairment of sorts, though he uses this to his own advantage. Brenton is a smarter person than what people give him credit for.

This characterization was also supported by Sockalock's brother, who shared his opinion with police. Peter Townsend claimed he once said to Sockalock, You don't seem too dumb to me. Prompting Sockalock to explain how he was occasionally assessed and would slobber, dribble and talk nonsense so that his assessors would believe he qualified for disability benefits. Sockalock travelled through the Latrobe Valley collecting scrap metal, which had, according to one local, given him a real geographical talent for navigating the region's back streets, fire access roads and dirt tracks. He burnt the excess junk he accumulated in his backyard, with neighbors stating that Sockalock's bonfires had been getting progressively bigger. Although no one witnessed Brenton Sockalock lighting the Churchill fire on Black Saturday, there were approximately 160 witnesses who had information regarding his movements on the day. Senior Constable Paul Burden-Cello later stated, Every one of them delivered a very, very strong circumstantial case.

Brenton Sockalock was charged with 10 counts of arson causing death, more than 180 counts of recklessly causing serious injury and damage, and charges related to the possession of child abuse material. He was not charged with the death of 80-year-old Gertrude Martin, as it was difficult to prove whether her heart attack was caused by a pre-existing health condition, or was a direct result of the fire. Despite the charges, Sockalock maintained his story that he never intended to start the Churchill fire, and that it was an accident. Due to the level of public anger over the case, Sockalock's defense barrister fought to suppress his identity. A magistrate agreed to ban the publication of Sockalock's photograph and address to protect him and his family from retribution, but ruled that Sockalock's name be made public. Those suspected of vigilantism would not be prevented from behaving in an abhorrent way, simply by suppressing his name. As the magistrate predicted, vigilantes were undeterred by the prospect of a suppression order, and were quick to name and shame.

A website titled Kill Brenton Sockalock was soon established, while members of a Facebook page called Brenton Sockalock Must Burn In Hell demanded that he be burned at the stake. Another online group offered $10,000 to whomever killed the alleged arsonist. For his own safety, Sockalock was relocated to a cell in the Melbourne Assessment Prison, and as the van carrying him pulled out of town, enraged locals pounded on the doors and yelled abuse. Prior to Sockalock's trial, the prosecution withdrew the 180-plus charges that pertained to recklessly causing serious injury and damage, in order to focus exclusively on the arson charges. They also dropped the charge relating to the child abuse material, as it couldn't be ascertained whether Sockalock had intentionally sought the images, or if, as he claimed, their data had been stored on his computer as cookies while he browsed the legal, adult pornography sites. In Australia, the charge of arson causing death carried a maximum penalty of 25 years in prison. Sockalock pleaded not guilty, and finally appeared in the Victorian Supreme Court almost three years after the Churchill fire. Various issues were debated throughout the trial, including Sockalock's mental state, whether the fire was accidental or deliberate, and if it was intentional, whether he had intended to kill.

Motive was also considered, including whether Sockalock's poor treatment and reputation had compelled him to take revenge against his community, or if he had hoped to somehow control the situation and become a hero. It was also speculated whether he had falsely confessed to the crime, because he couldn't comprehend the gravity of the situation. Defence barrister Jane Dixon argued that the cause of the fire was unclear, and questioned how a forensic examination of the crime scene was even possible, given that the area had been disturbed by fire, helicopter bombing, bulldozing, raking, and waterhosing the day prior. She theorized that an unidentified motorcyclist witnessed in the area when the blaze started might have been responsible for the crime, but also put forth the possibility that it wasn't arson at all. Sockalock's troublesome hold on sedan was proposed as a possible cause, with a materials engineer testifying for the defence that embers from the car's exhaust pipe might have sparked the blaze. Dixon called Sockalock an easy target due to his autism. Sockalock's condition meant he experienced the difficulties with social interaction, verbal comprehension, and intellectual reasoning. As a child, he was severely bullied. When his parents collected him from the school bus, he was sometimes covered in spit and feces. He could barely read or write, and his parents withdrew him from school in year 11 after years of being tormented, struggling to make friends, and learning at a slower pace.

Sockalock's recollections of his employment at Monash University varied to those of his colleagues, describing himself as their punching bag. The defence argued his condition had also led him to believe that he had something to do with the blaze, and explained why he kept changing his story. They alleged that police had used Sockalock as a scapegoat due to his reputation around town as a, quote, odd sort of fellow, and the stories implicating him as a fire bug were all hearsay. Dixon asserted that her clients called her triple zero to report the incident was not the action of a deliberate arsonist, and that he had been prosecuted by circumstantial evidence, stating, This was no contrived web of lies and deceit. He might have been pretty careless. He might have even been negligent, clumsy, uncoordinated, stupid. He's certainly not, in terms of autism, some rain man character. Frankly, Brendan Sockalock would not be capable of calculating his way out of a paper bag unless he had a map. A senior forensic psychologist who examined Sockalock was unable to ascertain a motive, and was of the opinion that he did not meet the criteria for a diagnosis of pyromania, concluding that, While Mr Sockalock does have several characteristics associated with fire setters, there are a number of important criteria lacking, the abuse of substances, general criminal offending, and antisociality.

If he did deliberately light the fires, it is likely that his motivation was either expressive, as a result of his social inadequacy, or instrumental, to achieve a particular extrinsic goal. The prosecution argued that Sockalock's condition did not impact his mental understanding, and that he had become a person of interest just days after the fire based on witness testimony alone. They portrayed Sockalock as a calculating and cunning individual, describing how his demeanor changed depending on the circumstances, his varying stories as to why he was at the scene of the crime, and his attempt to blame a firefighter in an anonymous tip off to crime stoppers. The day after the fire, Sockalock had made a claim on his insurance policy in relation to his burnt out car, an act that indicated he had a high level of functioning. Multiple fire experts also gave evidence as to the difficulty and low probability that a cigarette ember crashed in a napkin, then tossed out a car window, could fuel a bushfire. They concluded that the fire could have only been lit in such a manner if the napkin was already burning when it was thrown out of the car. Prosecutor Ray Elston told the court, When the accused man arrives at that intersection, there is no fire. No one else is suggested to be present. When he leaves, it's a blaze.

All causes saved for deliberate ignition of this fire have been eliminated. There is only, therefore, one irresistible conclusion to draw from the totality of material, and to that is, the accused man set those fires at two points. When the 21 victim impact statements were read in court, Sockalock yawned and seemed unmoved by the stories he was hearing. Grant Jacobs shared his turmoil at being the sole remaining member of his family, stating, I have been left without my mother Miros, left without my father Alan, and my brother Luke, who was my best friend. It was done by someone's deliberate and ill-intentioned actions. The world has become a very lonely place. I just want my family back, which I know I can never have. Never. Grant's aunt Ronda spoke of the absolute annihilation of a family, and described crawling through the pile of ash that was once her brother's home for two and a half days, hoping to find anything that survived.

Quote, I weep in the deepest places of my soul. Rodney Latham recalled his attempts to save his wife Annette, who was consumed by the fire in front of his eyes. He described feeling as though he was standing in the middle of a volcano and smelling his own flesh burning. Quote, I have a thousand what-ifs that I should have done this or I should have done that, and my wife would still be alive. He couldn't go out in the sun anymore as it caused his burn scars to itch painfully. Lachlan Frando was six years old when the fire took the life of his father, Scott, and grandfather, Alfred. He said he missed them every day and that Sokolok took away his life and family. A video tribute to the victims was played in court, which Sokolok watched briefly before returning to his pens and paper that he had been using to scribble with throughout the trial.

After four days of deliberation, the jury found Brendan Sokolok guilty of 10 counts of arson causing death. Justice Paul Coglan told Sokolok, I am satisfied beyond reasonable doubt for the purposes of sentencing that you intentionally lit the fire, intending to set fire to eucalypt plantations. I am also satisfied that you lit the fire at two distinct places at or near the intersection of Jellif's Outlet and Glen Donald Road. The event was terrifying for all involved in the fires, whether directly or otherwise. Death from natural disaster would be bad enough, but their suffering is significantly increased from knowing that the fire which caused the death was deliberately lit. For the victims, these were and are life-changing events, and to no sentence that I impose can in any way compensate for their loss. But it does bring to an end one part of the process.

Though Justice Coglan accepted that Sokolok had not set out to kill anyone, he referenced the defendant's training with the country fire authority, which provided him with the knowledge that his actions came with certain risks, including damage and death. Taking into account his impaired mental functioning, which Judge Coglan believed reduced his moral culpability, Brendan Sokolok was sentenced to 17 years and 9 months in jail, with a non-parole period of 14 years. The guilty verdict made Sokolok the state's worst mass killer. In March 2013, the director of public prosecutions appealed the length of Sokolok's sentence on the basis that it was manifestly inadequate and sought an increase to 24 to 26 years. They were concerned that offered little deterrence to would-be arsonists, especially those in bad or challenging circumstances. In their unanimous ruling rejecting the application, the court of appeal said that while the gravity of the offence was an important sentencing factor, Sokolok's disability had to be considered.

Quote, Our law does not treat an offender with an intellectual disability or other mental impairment in the same way as an offender who does not have such a disability. The moral culpability of a person who intentionally lights a fire on a day of extreme weather conditions, and or in the face of a total fire ban, appreciating there is a strong possibility that the fire will spread, is greater than the moral culpability of a person who does not understand the magnitude of that risk. Sentencing principles require the court to consider the effect which his or her mental condition had on his or her moral culpability. In our view, the sentences imposed after weighing these factors fell within the reasonable exercise of the judge's discretion. A royal commission was held into the Black Saturday fires, which aimed to examine all aspects of the government's bushfire strategy. It began prior to Brendan Sokolok's trial, and therefore did not address his involvement in the Churchill fire. Instead, focusing on the experiences and reactions of emergency services personnel and victims before, during, and after the blaze. The commission acknowledged numerous examples of courage, initiative, and professionalism that increased community and firefighter safety, protected houses and property, and supported local crews who were both fighting the fires and risking their own homes and businesses.

However, they determined that the incident management team for the Churchill fire demonstrated shortcomings in management and planning that contributed to the lack of organization and affected the efficiency of those working on the ground. This included the planning officers' inaccurate reporting of the time of the severe wind change, which occurred an hour earlier than predicted. The commission acknowledged the efforts of individuals such as CFA volunteer and captain of the Willung South Fire Brigade, Craig Wood. Throughout Black Saturday, Wood and his crew focused on suppression and asset protection in response to the Churchill fire, at times placing themselves at great risk. They helped divert the fire away from Tarragan South and protected the Lui Yang power station, while also safely evacuating a number of people from Kaligny. During the day, Wood's own farm came under threat and was left unprotected. In response to the choice he faced, Wood remarked, My task was far greater than my own farm.

This, he said, was something he kept in the back of his mind, so he could instead, quote, Concentrate on what you need to do for the betterment of the larger and broader community. The commission noted, Mr Wood and his crew provide just one example of the courage and generosity of men and women who fought the fires on February 7, 2009. Despite the timely warning from Victorian Premier John Brumby the day prior to Black Saturday, many Victorians were not prepared for the ferocity of the fires, and the subsequent trauma was significant. According to a report by the Herald Sun, in the five years following that catastrophic day, there was a rise in suicides, family violence reports, alcohol and drug abuse, and addictive behavior such as gambling amongst bushfire survivors. Many replacement houses were left in various stages of construction as residents had run out of money to see the job to completion and increased fireproofing had added to the cost. Every year on February 7, memorials are held throughout Victoria to commemorate the lives lost in the Black Saturday fires.

In Churchill, locals gather to pay their respects to the families and friends of Alfred and Scott Friendo, Colin and David Gibson, Alan, Miros and Luke Jacobs, Nathan Charles, Annette Lethem, Martin Schulz and Gertrude Martin. During one such ceremony 12 months after the blaze, the chaplain of Monash University in Gippsland, Father Hugh Brown, told the crowd of mourners, It couldn't destroy our memories, it can't destroy our gratitude for the help we received from so many, and it couldn't destroy our spirits, which are strangely battered and bruised, but are never quenched. 2009 was a bloody awful year, but we, as the song says, will survive. We won't ever forget the past, but we won't live there either, because we know that out of ashes, new life grows. Music