Woman charged after Sydenham house fire that killed two children granted bail
Police told court she watched CCTV and heard children screaming before leaving the home with her partner; two siblings died and a third was hospitalised
A 25-year-old Melbourne woman charged over a house fire that killed two of her children and left a third critically injured was granted bail on Thursday despite police warnings that she watched the blaze on CCTV and left the home with her partner, a magistrate heard.
Shania Lee, of Tarneit in Melbourne's west, faces two counts of negligent manslaughter and one count of negligently causing serious injury over the Sept. 8, 2024, inferno at a rental property in Sydenham in Melbourne's north-west. Siblings Izabel, 5, and Lyvia, 2, were later pronounced dead at the Royal Children's Hospital; their three-year-old brother, Kalais, was pulled from the house unconscious, placed in an induced coma and survived. A fourth child was not at the house that night.
Victoria Police told Melbourne Magistrates' Court that detectives believe the couple left the house minutes before the blaze burst into flames and that arson investigators suspect the fire could have started in the master bedroom. Detective Senior Constable Christopher Mitchell, who opposed bail, told the court he believed the fire was alight when Lee and her partner, 23-year-old Matthew McAuliffe, left the property.
Court documents and police submissions outlined a timeline in which the children had been put to bed between about 8:30 and 9 p.m., McAuliffe—described by police as a smoker—went into the master bedroom and later left with Lee. The house was recorded to be on fire at about 9:18 p.m., roughly two minutes after CCTV footage showed the adults leaving, the court heard.
Neighbours reported hearing explosions and screams and said the blaze burned for about half an hour before firefighters rescued the three children from the rear of the property. Forensic officers, fire investigators and the Victoria Police Arson Squad examined the scene. A dog was carried out of the backyard by a firefighter and is believed to have later returned home.
Police told the court they have intercepted communications that they say show McAuliffe accusing Lee of watching CCTV footage of the house during the fire and hearing the children scream. Senior Constable Mitchell said investigators had found references to viewing footage using a phone application on Lee's mobile and that Lee had admitted to watching cameras "at the last minute" and informing her mother. He said Lee did not call emergency services that night.
Lee appeared in court via videolink from the Melbourne West Custody Centre and was observed sobbing during the hearing. Defence lawyer Sam Norton, who represented Lee at the bail hearing, argued police had no way of knowing whether his client knew the house was burning when she left and said that a person in her circumstances could not be presumed to have foreseen the house would burn down.
"With the evidence available, I can't disagree," Detective Senior Constable Mitchell said in court, but added, "However, we believe that she knew." The magistrate granted bail on conditions that Lee live with her mother in Moama, on the New South Wales border, and report to Echuca police station three times weekly. She will return to court next year.
Police opposed bail in part on safety and reliability concerns. They told the court Lee had prior convictions for failing to appear in court while on bail and had previously committed indictable offences while on bail. Investigators also raised intelligence alleging Lee currently consumes drugs such as codeine and MDMA and expressed concerns she could have access to an illegal firearm. Lee has outstanding charges related to an alleged aggravated burglary, theft and obtaining property by deception, police said. Lee was uncooperative after the blaze and declined to make a statement, the prosecution added.
Police further told the court that Lee and McAuliffe left the property to travel to the Sunshine area to obtain a car door for Lee's Jeep, and returned to the Sydenham address about 20 to 30 minutes after leaving, by which time emergency services were already at the scene.
Investigators have not publicly determined the exact cause of the fire. Arson and explosives experts were called to assist with the probe, and forensic police were seen combing through debris at the address in the days after the incident. The family had reportedly moved into the rental property only a week before the blaze.
Victoria Police continue to investigate the cause of the fire and the circumstances surrounding the children's deaths. Lee is charged but has not been convicted of the offences and has entered no plea. The matter is listed to return to court next year.