When Quentin Kerehi Beverley Smyth’s
mother returned to the Lyon St, Hamilton, house during the early hours of December 13 last year it was engulfed in flames after her son set about pouring accelerant in the kitchen and hallway.
The house, which had an estimated RV of between $575,000 and $665,000, was extensively damaged and eventually condemned.
A protection order was today issued against Smyth, on behalf of his mother, after he appeared in the Hamilton District Court for sentencing on a charge of arson.
The day before, Smyth had been drinking with friends at a house in Te Rapa when he became upset with someone and got into a fight.
His mother called him at 1.15am asking if he wanted to be picked up and Smyth became “aggressive”, telling her, “Chain dog, I’m going to kill you and set your house on fire”, before hanging up.
Believing that he was capable of carrying out the threat, she got everyone out of the house and hid with them in a vehicle.
Smyth eventually arrived at the property and spoke to his brother.
It turned into a physical fight and his mother then offered to take his brother to his father’s house.
As they were leaving, Smyth asked his brother to ask his mother for the house keys.
She said no, and so he yelled out, “Tell Mum the house will be on fire when she gets back”.
They left and when she got home the house was ablaze.
Smyth was later arrested but denied lighting the fire or threatening to kill his mother.
Insurance paid the property owners, who were renting it out while living in Australia, their sum insured of $551,000, however, that excluded the cost of demolition and removal of the house from the section.
Smyth’s family lost nearly all of their belongings and did not have contents insurance.
Smyth’s counsel, Kerry Hadaway, said his client was remorseful and that it was unfortunate that a restorative justice meeting didn’t take place, even though both parties were keen to attend.
Hadaway instead read Smyth’s letter to his mother to the court, in which he hoped she would eventually forgive him one day.
“I want you to know how sorry I am,” he wrote, “I’m sorry you have suffered greatly and I’m sorry more than I can say.
“Hopefully we can smooth things out.”
He wished her well and now hoped she felt safe.
As well as remorse, guilty plea, and previous good character, Hadaway also asked Judge Glen Marshall to take into account his Section 38 report which confirmed his diagnosis of an intellectual disability.
Smyth also had savings of up to $10,000 to pay as reparation once he was released from prison.
Judge Marshall accepted those factors, as well as his willingness to attend restorative justice, and handed discounts totalling 55 per cent from his four-year and six-month starting point.
“It’s an unfortunate situation where a sentence of imprisonment needs to be imposed and is inevitable,” he said.
He jailed Smyth for two years and ordered he pay $8000 reparation to the homeowners within 28 days of being released from prison.
The judge also agreed to issue a protection order as requested by his mother.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for eight years and been a journalist for 19.
