Man found guilty of starting fire

A retired Oamaru man was found guilty of arson and threatening behaviour towards the Duntroon chief fire officer, because of ''obvious inconsistencies'' in the evidence he gave, the Oamaru District Court heard yesterday.

Cornelius Dirk Pieter Borsboom (66) was defending charges of arson, obstructing members of the fire service and threatening behaviour, all offences alleged to have occurred in Duntroon between September 11 and 12, 2014.

The arson charge related to a vegetation fire in Livingstone St, Duntroon, on September 11.

Judge Tony Couch heard from seven witnesses for the prosecution, including three children, who testified from behind a screen.

Paul King, who owned the property damaged, said there had been some conflict between him and Borsboom about 12 to 18 months before the fire.

Mr King was upset that Borsboom had been dumping mud and other debris on the grass verge by his property and confronted Borsboom, who was building a house on a property across the road, at least once, and complained to the council.

Between 3.30pm and 4pm on September 11, a fire started near a power pole next to Mr King's paddock.

The fire quickly spread through the paddock and to scrub and trees at the Maerewhenua River, burning about 3ha, destroying fenceposts, water tank and water piping.

Constable Craig Bennett, of Kurow, said Borsboom attracted his attention at the scene because he was smiling and sipping a cup of tea while all other neighbours were helping.

The three young people, aged 12, 13 and 15, told Judge Couch they had been playing nearby that afternoon. They described seeing the defendant's white van with a large trailer parked near the power pole.

They each described seeing Borsboom get out of his vehicle and bend down to the ground beside the pole.

Shortly after, they saw the fire, then Borsboom getting in his van and driving off past them.

Borsboom's evidence was ''radically different'', and Judge Couch criticised counsel Ngaire Alexander for not putting a ''great deal'' of Borsboom's evidence to the police witnesses, despite an obligation to do so.

Borsboom said he was on his property when he saw the smoke.

He said he attempted to extinguish the fire, but it spread too quickly and he decided not to waste the contents of the fire extinguisher.

He immediately drove to the Duntroon Fire Station. He denied driving past the children.

Borsboom said he looked for an alarm at the fire station and when he could not find one, went to a nearby house to call 111.

He had parked his vehicle and trailer on yellow lines outside the fire station, allegedly blocking the fire brigade from turning right on to Rees St, the fastest route to the fire.

Judge Couch dismissed the charge of obstructing members of the fire service by parking in such a way, but found the charge of arson was proven beyond reasonable doubt.

Borsboom's evidence ''lacked credibility in many aspects'' and Judge Couch said he was ''entirely satisfied'' the children's description of events was accurate.

Borsboom was also found guilty of intimidation towards Duntroon Chief Fire Officer David Eckhardt the day after the fire.

After Mr Eckhardt confronted Borsboom about the fire on September 12, Borsboom told him to ''watch his back'' and that ''he was going to be after him''.

Borsboom's evidence to the contrary was rejected by Judge Couch.

He was convicted on both charges and remanded on bail to appear for sentencing on August 5.

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