A man accused of starting a house fire in suburban Maitland in which two cats died has had the charge against him thrown out of court.
Todd Anthony Rinkin had one count of damaging property by fire dismissed by Magistrate Allan Railton after a brief hearing in Maitland Local Court on Friday.
Magistrate Railton said there was "simply an absence of evidence" as to the cause of the fire at the home in Lawes Street, East Maitland, at about 5.30am on October 9 last year.
He said there were "inferences" and he understood why police considered Mr Rinkin a suspect - the court heard that the owner of the home and a neighbour previously saw him burning objects in a small fire in the backyard.
But aside from the account of those two witnesses, who did not see how the fire started inside the house, there was no way to make a finding beyond reasonable doubt.
Mr Rinkin's solicitor, in cross examining the officer in charge of the investigation, accused police of singling out his client without properly testing claims that were being put to them.
The court heard that Mr Rinkin was living in the house in question with the property's owner at the time of the fire.
The owner gave evidence that the room where the fire originated was Mr Rinkin's bedroom.
The owner also gave evidence that he heard Mr Rinkin yell "f**k, f**k, fire" after the blaze broke out.
Police established a crime scene and found the bodies of two cats inside the burnt home, which was extensively damaged.
Detectives arrested Mr Rinkin on Raymond Terrace Road at Millers Forest later in the day and he was soon charged.
