A MAN who burned off blackberry cuttings during a total fire ban, which led to an out-of-control blaze has had his conviction overturned to allow him to continue his community service work.
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Michael Robert Halls, 38, of Melaleuca Way, was fined $2500 in Orange Local Court in November for not heeding a total fire ban.
He lit the pile of cuttings, which was about 50 centimetres high and two metres wide at about 1pm on September 23.
The fire damaged 500 metres of fencing and burned through 2.7 hectares of grass and trees on three properties at Borenore.
However, he appealed the sentence in Orange District Court on Monday because it could affect his employment in the health sector, as well as his membership of several boards and community organisations, among them Ronald McDonald House, the Dignity Network and Business Connect.
Barrister Duncan Brakell said the Dignity Network was seeking legal advice about what capacity Halls could fulfil with a conviction.
“That’s going to have to be disclosed,” he said.
Mr Brakell said the one-off ban came a week before the usual bushfire danger period from October 1 to March 31, which requires landholders to seek a permit to light fires.
“He doesn’t have a Facebook account and [stations] broadcast it over the radio but not everyone sits down and checks the radio every day,” he said.
Mr Brakell re-emphasised his client received second-degree burns to his left arm and face in an attempt to extinguish the blaze, co-operated with police, would replace the fencing and would purchase a firefighting unit in partnership with a neighbour.
Mr Brakell asked for access to a USB drive to confirm the number of RFS vehicles, but Judge Julia Baly said although they would have come at great expense, she doubted it would alter her view of the matter before quashing the conviction and dismissing the matter.
She said it was incumbent on landholders to know their responsibilities, but was satisfied he was unaware of the fire ban.
“I accept it was an error of judgement and it won’t take place again,” she said.