Mark James Babic, 59, and Christine Babic, 55 – formerly of Pym Street, Millthorpe – both appealed convictions against them in the Bathurst District Court, with Judge Yehia upholding conviction appeals and setting aside convictions against the pair on Friday.

They were both convicted of publishing false or misleading material to obtain property and dishonestly, for gain, destroying or damaging property following a fire which totally destroyed their Pym Street home on June 20, 2013.

The couple was originally found guilty in Bathurst Local Court following a three-day hearing in October last year.

During that hearing the court was told that between 4.30pm and 7pm on June 20, 2013, the husband and wife burned their property, ‘Penrose’, and then made a false statement and claim to the NRMA to obtain an insurance payout.

Police facts outlined how the husband and wife purchased the property 15 years ago, but their insurance with CGU insurance was cancelled due to non-payment.

In that policy the house was insured for $177,000 and its contents were insured for $73,000.

The couple took out a policy with the NRMA on April 23, 2013, insuring the house for $565,000 and its contents for $100,000.

After the fire, the husband and wife told police they left their property on June 20 to collect their daughter from school and then continued into Orange to shop.

After returning home and finding their property alight, Mark Babic provided police with a statement which said he and his wife left the property at 4.40pm, travelled into Millthorpe and then went to Orange to shop, stopping for tea at Red Rooster. Mr Babic told police when he returned to the property at 7.20pm it was in flames.

He said he had left a kerosene heater on so it wouldn’t be cold when they got home, and there had been two cats inside the house, which he said may have been fighting and knocked the heater over.

Police alleged Christine Babic remained in the car and contacted the NRMA to make a claim. 

According to police observations at the scene, neither appeared upset or distressed.

Police also alleged there were two dogs and a cat in the car, which the Babics said were their favourites and had been taken to Orange to get pet coats, but they had run out of time to do so.

Police also allege most of the couple’s property had been removed from the house prior to the fire. 

When asked about this, the Babics told authorities it had been removed and placed in shipping containers because they intended to put the property on the market.

In making his ruling last Friday, Judge Yehia upheld both Mr and Mrs Babic’s conviction appeals, setting aside the convictions and all other orders of the court.