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Tara Cosoleto

'Burned it down': arsonist's covert recordings aired

A fire started by Phoenix Tims spread to a neighbouring property, killing two men sleeping inside. (Jay Kogler/AAP PHOTOS)

A man who was promised $6000 to burn down a factory said he hoped the two men killed in the blaze were rapists so he could feel better about himself.

Phoenix Darren John Tims' covertly recorded comments were aired in the Victorian County Court on Thursday as he pleaded guilty to two counts of arson causing death.

Tims and co-offender Atem Akoi Thon, both aged 20, admitted driving out to the Sunshine North factory in a stolen ute in the early hours of February 23, 2024.

CCTV footage shows the moment a Sunshine North factory in Melbourne's west was set alight. (SUPPLIED/VICTORIAN COUNTY COURT)

Tims poured petrol at the entrance of the property and set it on fire before the two men fled the scene.

Hai Minh Nguyen, 41, and Phuc Tran, 48, were both sleeping in a neighbouring property when the blaze spread and killed them.

The partners of the two men provided statements to the court on Thursday, describing their grief and hardship in the years that have followed. 

"There are no words that can truly capture the devastation, the emptiness and sheer agony I have endured," Mr Nguyen's partner Thanh said.

"The image of him being trapped in that blaze is a nightmare."

Tims and Thon did not intend to set fire to the other property and they did not know there were people inside, prosecutor Jordan Johnston accepted. 

The two men had been promised $6000 by an unknown person if they firebombed the factory but they never received the money, the court was told. 

Atem Akoi Thon
Atem Thon never intended for the two men to die, his barrister said. (Jay Kogler/AAP PHOTOS)

The day after the blaze, Tims, Thon and co-offender Semaj Cigobia, 20, set the stolen ute on fire about 50km away in Coimadai, near Bacchus Marsh. 

Police began covertly monitoring the offenders in July 2024 and recorded Tims saying he "burned the place down" and discussing the fact two men had died.

"Hopefully they raped kids or some shit like that so I can feel better about myself," he said in the recordings detailed in court.

Tims' barrister Sam Norton told the court his client had been using cocaine at the time of the offending but he had since developed an understanding of his actions. 

The 20-year-old was truly remorseful and had taken steps to better himself, including gaining meaningful employment and spending time with his son, Mr Norton said.

Thon also pleaded guilty to two counts of arson causing death, with his barrister Gordon Chisholm emphasising his client never intended for the two men to die.

Semaj Cigobia
Semaj Cigobia became involved in the offending out of loyalty to his friends, the court was told. (Jay Kogler/AAP PHOTOS)

Both Thon and Tims accepted they would be jailed, while Cigobia's barrister Jennifer Clark submitted a community corrections order would be appropriate for her client.

She told the court Cigobia, who pleaded guilty to assisting an offender, became involved because of loyalty to his friends. 

All three will be sentenced on May 18, with their bail extended to their next court date.

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