The defendant had been living on Mt Taranaki for about a year and DOC regarded him as a nuisance, a judge says. Photo: Paul Casey
A judge has thrown out a case against a homeless man charged with burning down a Department of Conservation (DOC) hut, saying he has already spent too long in prison.
Daniel Banks was charged with arson over the fire that destroyed a $400,000 hut on Taranaki Maunga in September 2020.
He also faced charges of wilful trespass, disorderly behaviour and accosting a person.
He pleaded not guilty shortly afterwards and has been in jail on remand ever since, with a trial set for December.
Judge Tony Greig said the delay was unacceptable and Banks could not receive a fair trial after so much time.
He said the defendant had already served over half the maximum sentence for the crime if he was found guilty.
The judge has blamed the court system for the delay, including a lack of judge-only trial dates.
In background notes about the case the judge noted that Banks had been living on the mountain for about a year, and was staying at some of DOC's huts, including the Lake Dive Hut that was destroyed in the fire.
DOC regarded him as a nuisance and had trespassed him from several huts, including Lake Dive.
On the night in question, which was cold and windy, Banks and another man, an experienced tramper, spent the night in the hut, with the former sleeping in front of the fire which he had been continually putting more wood on.
The tramper left early the next day, noting that the door to the fireplace was open but he did not consider it dangerous.
Banks told police later that he moved out of the hut during the night because it was filling with smoke which seemed to be coming from a wall behind the fireplace. The fire in the hut grew until it was engulfed.
Banks was charged with arson on 2 October 2020 although it was not alleged that he destroyed the hut deliberately.
The judge observed that the cause of the fire had not been ascertained and the prosecution did not have a strong case.
He decided that given the nature of the evidence against Banks, the length of time he had been in custody and the likely sentence if he was found guilty, no further delays could be justified.