By Paul Higgins
A man who killed a friend and neighbour when he set fire to his house was suspected of involvement in seven other fire starting incidents but not prosecuted for them, a court heard.
Newry Crown Court also heard that 44-year-old Gary Magee “was severely injured and almost died” in the arson attack which claimed the life of 62-year-old Jimmy Thompson.
While Mr Thompson died from smoke inhalation and was found in the front bedroom of his bungalow Parkview home, in the Cloghogue area on the outskirts of Newry, Magee was rescued lying unconscious at the locked back door in the kitchen.
While the prosecution contend it’s an aggravating factor that Magee started the fire despite knowing his friend’s health problems including heart disease, coronary arterial disease, asthma and COPD, conditions which contributed to the death, it is accepted there was no falling out and no animus between the men.
On the day he was due to go on trial for murder Magee admitted manslaughter and guilty to arson being reckless whether life was endangered.
In court today (wed) where Magee sat in the dock flanked by prison officers and the family of his victim maintained a signified silence in the public gallery, prosecuting counsel Fiona O’Kane outlined that on 21 May 2021, a neighbours of Mr Thomspon alerted the NIFRS when he saw smoke coming from a bedroom window.
Fire fighters arrived within nine minutes of the call and they found both the front and back doors were locked and when they gained entry, Mr Thompson was found slumped unconscious in a seated position in the front bedroom while Magee was found lying on the kitchen floor, his clothes pulled up covering his face.
Mrs O’Kane told the court that despite “vigorous CPR” done in rotation between the police, NIFRS and paramedics sadly Mr Thompson could not be revived while Magee was taken first to Daisyhill Hospital and then transferred to ICU at the Royal in Belfast.
The cause of death, said the lawyer, was established as smoke inhalation and the pathologist said that would have been exacerbated by Mr Thomspon various health conditions.
A cigarette lighter was found in his pocket and there was a burn to his hand said the barrister, adding that an examination of the scene by a senior fire investigator found there were three separate seats of fire – one each in the two bedrooms and one in the living room and that no accelerant or propellant had been used.
He also opined that as a hole had been burnt through the bedroom door, the fire would have been lit around half an hour beforehand.
Mrs O’Kane said police enquiries established that both Mr Thompson and his killer were both smokers and in the living room, crime scene investigators found lots of partially smoked, hand-rolled cigarettes.
Forensic fire experts conducted experiments to establish whether discarded, lit cigarettes could have been responsible for starting the fires but their findings were that each seat of fire, the main one being in the rear bedroom, had been started deliberately.
During police interviews, Magee said he could remember “drinking Guinness with Jimmy” but had no recollection of setting any fires.
He said there was no animosity between himself and Mr Thompson, a man he considered to be a friend with whom he frequently drank alcohol and claimed that a burn on his hand related to an incident the day before the fire in the bungalow.
Magee conceded however that “there was no one else there and that it must have been either the deceased or himself who started the fires,” said Mrs O’Kane.
She revealed that Magee is “associated” with seven other incidents of fire starting but that he was not prosecuted for those.
Turning to other aggravating factors, Mrs O’kane revealed that Magee has amassed 115 previous convictions including relevant entries for “pretty much the full panoply of offending with the exception of sexual offending.”
She further revealed that at the time of killing Mr Thompson, Magee was subject to a probation order and a suspended sentence, submitting that other aggravating features included the fact that Mr Thomspon was vulnerable and in ill health, was killed in his own home and the offences were committed when Magee was under the influence of alcohol and cannabis.
Mrs O’Kane said while Magee did admit his guilt, any credit to be afforded to the arsonist killer should be tempered as he was effectively “caught red handed” but he has expressed genuine remorse.
Defence KC Gregory Berry told the court he wanted to start his pleas in mitigation “by saying that Mr Magee acknowledges the devastation caused by his actions…he fully accepts his responsibility.”
“We say and submit that he is remorseful,” said the senior barrister emphasising that the defendant “has difficulty understanding how this has come about” and how he caused the death of a man “he would’ve had a drink with and whom he had no reason to harm.”
Turning to Magee’s personal background, Mr Berry said it was clear that he had lived a “chaotic lifestyle” where his life was blighted by addictions to alcohol and drugs, addictions which lead to the majority of his offending.
He told the court however that Magee is now taking steps to tackle his problems, under going counselling in prison where he is on an enhanced regime.
Remanding Magee back into custody, Madam Justice McBride said there had been a “wealth of material” put before her so she wanted to take the time to consider that as well as the guidelines and the various reports before passing sentence.
Describing it as “an unusual case in some respects,” she adjourned the case to 14 December.
Ends
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