Mum left children to die in burning home: police

3 weeks ago 4

A 26-year-old woman left her children to die in a house fire while she picked up a car part with her boyfriend, police say.

Shania Lee was gone from the home for more than an hour, and although she heard her children screaming on security camera footage, she did not call Triple Zero or return home, police say. Her two daughters, aged 5 and 1, died in the fire.

On Tuesday, detectives from the arson and explosives squad charged Lee with negligent manslaughter as part of their ongoing investigation into the deadly fire, which broke out at a home on Fergus Court in Sydenham, in Melbourne’s north-west, on the night of September 8, 2024.

Shania Lee, 26, faced the Melbourne Magistrates’ Court on Wednesday.

The Magistrates’ Court heard Lee was the primary caregiver of three of her four children: five-year-old Izabel, three-year-old Kalais, and 21-month-old Lyvia.

Police allege Lee, then 25, left all three children alone at home on the night of Sunday, September 8, 2024, while she travelled with her partner and co-accused, Matthew McAuliffe, to the Sunshine/Keilor area to pick up a car part.

Police allege CCTV footage captures Lee and McAuliffe leaving the Sydenham home at 9.17pm, about one minute before the smoke alarm was activated.

Lee, McAuliffe and the three children had moved into the home just a week before the fatal fire.

Police allege Lee watched footage from a home security camera on her phone while she was away from the house and heard the children screaming, but did not call Triple Zero.

Upon hearing the alarm, neighbours called Triple Zero and tried to ascertain if anyone was inside but received no response.

The court heard emergency services were called to the single-storey brick home shortly after 9.30pm; the first fire truck arrived about nine minutes later. Fire crews battling the blaze entered the home and found all three children alive but unconscious.

The seriously injured children were taken to the Royal Children’s Hospital. Five-year-old Izabel and 21-month-old Lyvia died in hospital three days later, on September 11, 2024.

Detective Senior Constable Chris Mitchell told the court that three-year-old Kalais “narrowly avoided death”.

Police allege Lee and McAuliffe did not return to the home until more than an hour after the fire broke out, at 10.40pm.

Kalais, 3, was the only surviving child of the Sydenham house fire.

Mitchell said Lee had told police she had made arrangements via Snapchat for Kalais’ biological father, Jayde Petales, to look after the children. However, Petalas told police Lee had not contacted him.

Police opposed bail, citing nine previous incidents involving Lee and the children, such as children being found outside the property or neighbours reporting children left alone inside. Lee had also breached her bail conditions on two prior occasions.

Police allege she left the children unattended on September 8, 2024, and that the fire had caused their deaths. Police believe the fire had begun shortly before the adults left, but do not allege Lee deliberately lit the fire. McAuliffe was the last person to leave the master bedroom, where the fire ignited.

Arson and explosives squad detectives investigate the deadly fire in Sydenham last year.

Magistrate Michael Smith granted Lee bail on Wednesday, under the conditions that she report to the Echuca police station three days a week, reside at her mother’s address in the border town of Moama, and notify police within 24 hours of any proposed change of address.

Lee’s defence argued that the case against her had “massive problems”, emphasising the high criminal threshold required to prove negligent manslaughter.

Appearing via video link, Lee told the magistrate she understood the conditions of bail. Throughout the bail application, she remained silent, dressed in a black hoodie and grey track pants.

Lee was arrested in Tarneit on Tuesday and has been charged with two counts of negligent manslaughter and one count of negligently causing serious injury. It took 30 firefighters, including a rescue and aerial unit, several hours to extinguish the blaze.

Kalais, the only surviving child, spent 10 days at the Royal Children’s Hospital before being discharged. His father, Jayde Petalas, who did not live at the home, told The Age last year: “I’m really happy about it. I’m glad he’s OK.”