After the restaurant exploded, police allege Musa left his shoes – a pair of grey runners – on the footpath outside the store, which later linked him to the scene with DNA. The men also allegedly left behind a hammer, wrench and jerry cans.
The stolen car was found dumped in nearby Carnegie, where police discovered a range of items inside, including a lava lamp, kitchen knife, clothing, cigarettes and perfume.
Wayle Mana (left) and Habib Musa, with faces blurred, are accused of carrying out the Burgertory firebombing.
The Burgertory fire led to clashes between Israel and Palestine supporters after the Caulfield shop’s owner labelled the arson a hate crime, claiming he was attacked because of his involvement in a pro-Palestine rally. But police have said there was no evidence the fire was racially or politically motivated.
Ferwerda told the court that in a separate incident, Mana drove to Bendigo in a stolen Mazda CX5, taken from a St Kilda car park, on January 29.
Police allege Mana and three unknown males tried unsuccessfully to force their way inside a Freechoice Tobacconist store, but then drove through an outdoor mall and rammed the front door.
Once inside, they poured petrol and diesel throughout the store, the court heard. When the store exploded about 4.30am, Mana suffered burns to his feet, Ferwerda said. The fire caused more than $2 million damage as it spread to nearby buildings. One store later went out of business.
Mana was arrested and charged days later.
Mana is also accused of torching a Bendigo tobacco store in January.Credit: Nine News
Mana, the court heard, told police he used a lot of drugs and tended to forget things, but agreed that people called him Chubby.
Ferwerda said that during the investigation, Musa told a covert operative that he and the others “got paid $20,000 to set fire to a burger shop in Caulfield”.
In opposing Mana’s bid for bail, Ferwerda said he had concerns about a possible bail address, a drug rehabilitation centre in Shepparton known as The Cottage. He said local police had told him they had investigated drug trafficking connected to the centre and that it had previously failed to report a person as missing.
“I don’t believe it’s a fit place to send someone on bail,” Ferwerda said.
The Cottage general manager Aaron Gilhooley denied the claims. He said while two former clients had been investigated over drug offences, trafficking had not taken place on the property.
Mana’s lawyer, Peter Morrissey, SC, said there was a room available for his client at The Cottage and upon his release, a job at AR Amusements.
Morrissey said his client had spent the majority of his adult life in prison but had a supporting family and the prospect of work for the first time.
Loading
He also said that if the magistrate found The Cottage didn’t “leak like a sieve”, then it would be helpful to Mana.
“He’s a marked man. Before, it might be said he was a drug user that thought he could get away with things. He must know that he’s red-hot,” Morrissey said.
Magistrate David Starvaggi refused Mana bail and said the allegations were extraordinarily serious and violent.