By Graham Brown

TWO TEENAGE firebugs who caused a £3.5 million blaze which destroyed a former Angus primary school were sent to detention by a sheriff yesterday.

Connor Callum Grewar will spend 33 months in custody and co-accused Sam McIntosh Wilkie 36 months after their actions last autumn which led to the blaze that gutted Kirriemuir’s 170-year-old Southmuir school.

On a day when Angus councillors decided to use the site of the ravaged building to extend Kirriemuir’s secondary school, Sheriff Kevin Veal said the scale of the loss to the community meant that only significant periods in a young offenders’ institution would properly mark the gravity of the offence.

Wilkie (17), Prosen Road, and Grewar (16), Westmuir, both Kirriemuir, had denied an indictment that on October 29, at Southmuir Primary, Kirriemuir, they culpably and recklessly set fire to paper and flammable material which they sprayed on a wall, carpet, a desk and disco light, whereby the fire took effect and destroyed the premises.

During a four-day trial at Forfar, a jury had heard how the pair, along with two younger boys, broke into the disused school and set fire to paper and aerosol spray.

The trial heard admissions from the accused that various things had been sprayed and set alight but the teenagers claimed that all the fires had been put out when they left the school, some hours before the massive blaze was discovered.

Lawyers for the pair urged the sheriff to allow the teenagers to keep their liberty, saying the actions were out of character.

Solicitor Ian Flynn, for Grewar, said, “It is quite clear from the social work report that this offence is completely out of character, he has caused no problems at school and at home—in fact he seems to have lived quite an exemplary life.

“Custody, other than the public interest, would have no good impact on Mr Grewar.”

He continued, “There was no criminal intent when he entered the building. He could build himself a very good future and given his character he could be punished by other methods.”

Bob Bruce, representing Wilkie, said there had been no evidence his client had set fire to anything in the building and he had encouraged the others to stop.

“For a short period of time he has acted inappropriately, that has to be accepted,” said Mr Bruce.

“He has a supportive family network and everyone that I have spoken to just thinks that this is not him. This has been a lesson that will never be forgotten and prison would be catastrophic for this young man.

“It would be a totally alien environment and something that would have a long lasting effect. It is a serious matter, no one denies that, but in my submission there are alternatives.”

Sheriff Veal said the prominent factors in the case were the £25,000 insurance excess which Angus Council had to pay, the loss to the wider community of a substantial asset and the fact that the re-instatement value was some £3.5 million.

“I immediately recognise that this is not a case of wilful fire-raising. I have also totally ignored that the two accused, and the two younger persons who were with them, gained entry to the former school by a mode of entry that was clearly wrong.

“The two accused are being sentenced in respect of a charge of culpable and reckless fire-raising and for nothing else.”

Sheriff Veal continued, “I expressed the view when the case came to an end that custody would very likely be the only outcome.

“I have looked at this case from every angle to see whether a proper exercise of my judicial discretion would permit this case to be disposed of without depriving the two accused of their liberty.

“I am aware that parliament has laid down that, in ordinary circumstances, sentence of deprivation of liberty should not be visited upon offenders who appear before the court as first offenders.

“The reports before the court tell me that both accused come from supportive and caring family backgrounds.

“I entertain no doubt whatsoever that both families do not condone at all what the two accused have done and, although I am sure that it does not need to be said, it is clear that both accused have badly let down their families.”

Sheriff Veal added that he considered unrealistic a suggestion of some form of payment of restitution being part of the penalty.

“Community-based disposals will give the two accused some assistance and direction towards their future lives.

“However, given the huge quantum involved in this offence, I have, regrettably for both accused, come to the clear conclusion that the gravity of the offence, allied to the need to assure the wider community that offences of this nature are appropriately dealt with, dictates that no sentence other than immediate detention would be an appropriate disposal.”

He said the extra three months imposed on Wilkie was in respect of a bail aggravation after it emerged following the trial he was awaiting sentence for taking a pick-up truck from Baldoukie Motors, near Kirriemuir, and setting fire to it on March 17 last year.

He also admitted driving without a licence or insurance and attempting to take and drive away two other vehicles and was also banned from driving for a year as well as being given a concurrent sentence of 60 days.