Burgertory arsonist faces County Court
St Albans man Habib Musa, 27, told police that he and two others were paid $20,000 to torch Caulfield burger joint Burgertory.
Musa faced the County Court on Monday for a plea hearing, after pleading guilty to charges of arson and stealing a Mercedes at Doncaster.
The drug addict told undercover police that the trio were paid to burn down the eatery, a move that sparked heated protests and accusations of hate crimes.
Prosecutor Connor Rattray presented details regarding the incident that occurred on November 10, 2023. The court heard that Musa drove a stolen Mercedes to the location at approximately 4:15 a.m., accompanied by an unidentified individual.
According to the prosecution, Musa and the other individual used a rock and a hammer to break the restaurant's front window. The unidentified individual then allegedly poured petrol throughout the premises and activated the kitchen's gas supply. The restaurant subsequently caught fire, and the two individuals fled the scene.
A nearby resident reported a large explosion and flames to emergency services.
The incident resulted in an estimated $450,000 in damages.
The arson occurred amid heightened community tensions related to the Israel-Gaza conflict. Burgertory owner Hash Tayeh, a Palestinian-Australian, had suggested the fire was a hate crime, a claim disputed by police.
During his arrest in January 2024, Musa reportedly told police he had no recollection of the event due to intoxication from ice, cocaine, and alcohol. He initially stated he received less than $2,000 for his involvement, but later indicated to undercover operatives that he and two others were promised $20,000.
Defence lawyer Nick Goodenough told the court that Musa's actions were influenced by drug use. He stated that Musa has since engaged in rehabilitation efforts, including vocational training in meat packing, volunteer work with the Salvation Army, and participation in a soccer club. Goodenough suggested Musa received approximately $1,000, which he spent on drugs. He requested a sentencing deferral to further assess Musa's rehabilitation progress.
Judge Carolene Gwynn granted the deferral, and Musa’s sentencing is scheduled for June 23.
Wayle Mana who was also implicated in the incident, is scheduled to appear at the Melbourne Magistrates’ Court for a committal hearing on Thursday.
Jonathan Jackson, 18th March 2025
