Sydney shopkeeper Adeel Khan knew there were people asleep above his shop when he allegedly rigged fuel containers to destroy the convenience store for an insurance payout, a court has heard.
Three people were killed following an explosion and subsequent fire at the Rozelle convenience store in the early hours of September 4 last year.
Khan was on Thursday committed to stand trial over numerous charges, including three counts of murder.
He was in financial stress when he allegedly torched his store, causing the explosion that killed Bianka O'Brien, her one-year-old son Jude, and their neighbour Chris Noble.
The 44-year-old owed $8800 in rent and almost $10,000 to AGL and $3000 to another power supplier, Sydney's Central Local Court heard during his two-day committal hearing.
In the months before the blaze, insurance for the store's contents had been increased from $170,000 to $225,000.
While considering whether to commit Khan for trial on the three murder charges, Magistrate Ellen Skinner found he had acted with a reckless indifference to human life.
"He was aware of them living upstairs," she said on Thursday.
Ms Skinner said it was reasonable for a jury to conclude that a potential payout was Khan's motive for sparking the fire.
She also said it was likely a jury would reject Khan's claim he was tied up and robbed by a gang of armed men at the store.
"There was a lack of evidence from surrounding CCTV," she said.
Firefighters found Khan trapped under a fridge, calling for help from the rear of his store following the explosion.
He had a carbon fibre breathing mask in his pocket and petrol was later discovered on his clothing and shoes.
A 10-litre fuel container was also found in his car.
When Khan was found by emergency services, he uttered words to the effect of "I'm sorry," Ms Skinner said.
In the days leading up to the explosion, Khan was captured on CCTV buying four containers of fuel from a Burwood service station and had asked a neighbouring cafe for six empty milk bottles, Ms Skinner said.
Following the blast, Mr Noble, 27, was pulled from under a collapsed metal roof in his upstairs flat and the next day Ms O'Brien was found lying on top of her son Jude.
Outside court, Mr Noble's mother Liz said it was another difficult step towards the family getting justice.
"It won't be enough," she added while walking from the court with Mr Noble's father Ross.
Khan is due to face trial at the Supreme Court in November.
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