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Accused arsonist choked in jail

A man charged with igniting one of the fatal Black Saturday bushfires has been choked by fellow inmates and victimised in custody, a court has heard.

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Source: AAP


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Lawyers said the attack on the 40-year-old man, who is facing 191 counts including 10 charges of arson causing death, shows how vulnerable he is in custody, the Melbourne Magistrates Court heard.

Magistrate Simon Garnett has temporarily suppressed the man's name after hearing of his suicidal state and concerns for his safety.

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Prisoner 'lost consciousness'

Defence barrister David Sexton said his client was choked to the point of losing consciousness while in an acute assessment unit at Melbourne Assessment Prison.

Mr Sexton said prison guards saw the accused man change colour as they tried to get the other inmates off him.

The attack followed another assault on him last October.

Mr Sexton said the accused man was very frail in custody, had a severe intellectual disability and was medicated for anxiety and depression.

He criticised the "hysterical" reporting following his arrest and the "extraordinary level of hatred" directed at him, claiming the release of his name could prejudice his right to a fair trial.

'Unprecedented calls for retribution'

"This is really unprecedented in terms of the nature, the breadth of allegations and the public hysteria that surrounds (him)," he said.

"The public clamour for retribution ... is really unparalleled."

The court heard the accused man was illiterate and apparently brain damaged from birth.

Lawyers acting for various media outlets opposed a bid to suppress the man's name, saying it would not guarantee the man's safety.

They said the man's identity was already known and the motivation for the attacks on him was not known.

Scores of witnesses give evidence

The arguments came during a pre-trial committal hearing for the accused, at which at least 150 witnesses will give evidence.

His charges include intentionally causing a bushfire, causing property damage and recklessly causing serious injury over the February 7 fire in Churchill in Victoria's east.

Magistrate Simon Garnett said he inspected the site of the alleged blaze with police and prosecution and defence teams last Friday.

He said some witnesses may need counselling after giving evidence.

The hearing resumes on Wednesday.


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