Orange District Court Judge Graham Turnbull announced the not-guilty verdict for Paul William Mooney, 52, following a months-long court proceeding involving a judge-alone trial that ran from March 23, 2022, until April 4.

"I'm suspicious, I'm gravely suspicious," Judge Turnbull said before announcing his verdict.

However, suspicion was not enough and Judge Turnbull had to find the case proved beyond all reasonable doubt.

"I'm duty bound to ensure justice is applied accordingly," he said.

Mr Mooney was charged with intentionally setting fire to the men's shed on June 29, 2019, as a diversion for a break and enter at the Orange Ex-Services' Country Club, which took place that same date.

Mr Mooney maintained a not-guilty plea throughout the court case, which he elected to be heard as a judge-alone trial, rather than going before a jury.

Although Judge Turnbull had previously convicted Mr Mooney of the country club break and enter, he did not find it proved that it was the same person in CCTV footage from each location.

He said the clothing was different with the person at the club dressed like "Zorro" in all black with a full face mask and long cape, where as the black and white footage from the fire showed a person in lighter clothes without a mask, although their face wasn't identifiable.

He said there were also no identifiable features to link what Judge Turnbull viewed as two males of average height and weight after extensive examination of both sets of CCTV footage.

"That undermines the [concerns] that they are the same man," he said.

"There's no [set] evidence that they are one and the same man."

Judge Turnbull said the prosecution's suggested motive that the fire was set as a diversion for the break and enter also could not be proved.

He said the two locations were about a 15-minute drive apart, however, there was about a two-and-a-half hour gap between the fire and the break and enter.

The key link that led to Mr Mooney being charged with the arson was a cordial bottle containing traces of petrol that was found in grass on the side of the Mitchell Highway more than 100 metres from the scene.

A DNA profile matching Mr Mooney was found on the handle of the bottle as as on the lip. An unknown person's DNA was also found on the lip of the bottle. Similar cordial bottles were found in Mr Mooney's car when police searched it.

After listening to expert witnesses during the trial, Judge Turnbull accepted that the person who lit the fire used a cigarette lighter to light a taper, which was then used to light petrol fumes from fuel that had been poured over timber that was stacked against an external wall of the the men's shed.

However, Judge Turnbull said that evidence about the cordial bottle was circumstantial.

"The fact that there's petrol there makes it highly likely that it was used," he said.

"The point is that I am suspicious, I'm very suspicious."

However, as a portable object there wasn't evidence of how or when the bottle got there, and there was no sign of damage from the fire, which experts estimated would have reached temperatures ranging between 800 and 900 degrees, possibly up to 1000 degrees during the initial flare.

"The bottle is undamaged and it could be that's the way it ended," Judge Turnbull said.

Only a few seconds of footage captured the unidentified arsonist at the time of the fire and CCTV footage from the subsequent break and enter showed no sign of that person being injured or singed.

Other evidence put before the court was subject to a suppression order.

Judge Turnbull said he has previously convicted and sentenced Mr Mooney for the country club break and enters following a jury trial, and he sentenced him for a previous arson.

However, he said that was a consequence of him being the circuit judge covering the District Court in Orange and he could not let that knowledge influence his decision in this trial.

Judge Turnbull said he could also not let any "annoyance sway my feelings".

"I say this because of today and other interactions in this trial the accused has conducted himself in a less than courteous, respectful and tolerant manner," he said.

Mr Mooney was not present in court to hear the verdict.

It was intended he sit in via an audio visual link from jail where he is serving sentences for prior offences, including the country club break and enter.

"Please let me go back to my cell, I'm not interested one way or the other," Mr Mooney said when Judge Turnbull took his position at the bench.

Judge Turnbull said the case had been delayed long enough and asked Mr Mooney to be muted while he read out a 12,000 word explanation detailing the reasons for his decision.

However, the system did not mute Mr Mooney's AVL suite and a banging noise could be heard as he paced in the small room.

"Your Honour, if you are going to mute it, can you let me go back to my cell please," Mr Mooney said and repeatedly mumbled "f*** me" as he paced while staff tried to mute the video link.

Judge Turnbull noted that Mr Mooney was pacing in the cell, banging on the walls and asked "numerous times" to let him go back to his cell and granted him permission to leave the hearing but said he would still read out his verdict.

"What presents here is a man in serious distress," Judge Turnbull said.

"It hasn't occurred in nearly 40 years of practice where an accused hasn't wanted to be here."

Crown prosecutor Deone Provera said Mr Mooney's absence would not have an impact on Judge Turnbull reading the verdict and he would be provided with a written copy "in due course".

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