A man who burnt down a Dandenong South pool hall during a long-running dispute with his landlord has been jailed.
Bashir Hussain, now 42, set fire to his own business Star Entertainment Centre on Round Tower Road in the early hours on 1 April, 2019.
He was found guilty by a Victorian County Court jury of arson, although he has continued to deny responsibility, sentencing judge Patricia Riddell said on 7 September.
Hussain’s “act of desperation” causing nearly $1.4 million damage was apparently “born out of frustration and anger” at the landlord.
It gutted Hussain’s business on the top floor, burning through the floor to the landlord’s business below, Judge Riddell noted.
“The entire building was uninhabitable and downstairs business inoperable for about a year.”
The site was the former home of the legendary business Astra Billiards. It was sold in 2013 after the death of its owner George Grech.
Judge Riddell said Hussain had worked hard since 2015 to establish his pool hall, shisha lounge, bar and restaurant – a “passion project” in which he invested more than $500,000.
It was apparently successful until a new landlord started renovating a downstairs business into a pool hall and shisha lounge called Dunya Entertainment in direct competition to Hussain.
“Your offending was the result in large part of the financial decline of your business,” the judge said.
“However, in my view your behaviour was also motivated at least in part out of anger and frustration with (the landlord).”
Judge Riddell regarded the landlord’s conduct as “somewhat reprehensible”.
“Many people may feel you had a justifiable sense of grievance at his behaviour.
“However, that does not justify the use of unlawful means to deal with those issues.”
Hussain made an unsuccessful claim on his insurance – as was often the case in suspicious fires, the judge noted.
He later told police he didn’t know how the fire started, saying he was only alerted to the blaze by nearby construction workers as he exited the building about 3.30am.
The landlord’s son told the court that he and his family were “severely affected”.
Dunya Entertainment was their only source of income and was unable to re-open for more than a year, he stated.
“This financial strain bled into their family life, causing significant emotional turmoil,” Judge Riddell said.
Born in Pakistan, Hussain provided for three young children and a refugee wife whose parents were killed by the Taliban.
Several referees spoke of his “trustworthiness” as a “respected businessman” and volunteer. He had no prior criminal history and a low risk of reoffending.
His offence was an “aberration and distinctly out of character”.
Hussain was jailed for three years and eight months. He will be eligible for parole in two years.
