Kempton Park court hears closing arguments in Birchleigh fatal fire case

The trial of Caroline Travers (52), who faces charges of arson and attempted murder after a fatal house fire in Birchleigh in 2022, resumed in the Kempton Park Magistrate’s Court on January 20 and 26.

Travers is accused of setting her home, on Essenwood Avenue, alight early on March 12, 2022.

Her husband, Gregory Travers, was rescued from the burning house but later died in the hospital.

Taking the stand in her defence, Travers gave a detailed account of the events leading up to the fire.

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She testified that March 12, 2022, was a Friday and that her husband had gone alone to a pub, which, she said, had become normal at that stage of their marriage.

She said both of them were under the influence of alcohol and sleeping tablets for several hours that night, which she described as “also the norm” in their relationship at the time.

According to Travers, Gregory had bought two bottles of whisky, and they had had a few drinks. An argument broke out after she had raised the issue of returning to rehabilitation.

“We’d both been before. He was forced by his work to go, and I went with him,” she testified.

She told the court she was adamant that returning to rehab was the only way to save their marriage and Gregory’s job, but that he refused and would not allow her to go either.

By this stage of their marriage, Travers said, they slept in separate bedrooms.

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After the argument, she went to Gregory’s bedroom to watch TV, as her bedroom did not have one.

While later walking to the bathroom, she noticed that Gregory had fallen asleep. She said she woke him, and the argument resumed.

Travers testified that Gregory then took the dogs into his bedroom and closed the door.

“He closed them in his bedroom because it was his way of punishing me,” she said, explaining that it was because she wanted him to go to rehab.

She said Gregory locked his bedroom door, something, she said, he had never done before.

When the dogs began crying and scratching at the door, she tried to let them out, but found the internal and external bedroom doors locked.

“I don’t know why Greg locked his door. Maybe to prevent me from getting the dogs,” she said.

Travers said she repeatedly banged on the door and asked him to let out the dogs or allow her in. She said he swore at her and continued to refuse.

Concerned that the dogs might not have water, she returned to the door and tried to force it open using a wooden batten kept in the foyer.

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“I soon discovered why I couldn’t break the door down. There was a metal plate inside the door that I wasn’t aware of,” she said.

During the argument, Travers testified that she threatened to start a fire to force Gregory to open the door.

“I don’t know where the idea came from,” she told the court.

She said she fetched a large roasting pan, kindling, firelighters and damp wood from outside. She placed the unlit fire inside the pan and positioned it in front of Gregory’s bedroom door, telling him what she had done and threatening to light it if he did not let out the dogs.

Travers said she later wet a towel in the bathroom and fetched a lighter from her bedroom. She admitted that she did not tell Gregory about the wet towel.

She testified that she lit the fire in the roasting pan, began ripping apart Gregory’s photo album of pictures of his dog’s championship achievements, and placed them on the fire.

“I told him I was burning his precious photos and that he didn’t need them anymore because he obviously didn’t care about the dogs.”

According to Travers, the damp wood produced heavy smoke inside the house. She opened doors for ventilation and tried to remove a large birdcage from the dining room, but could not lift it. She phoned a neighbour for help, but he refused to assist.

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Travers testified that when Gregory eventually opened the door, she picked up the wet towel, but he pushed her over a couch, causing her to strike her head and lose consciousness.

“When I gained my consciousness, I was facing his bedroom door. At that point, the wood was in flames,” she said.

She told the court that she had suffered an epileptic fit and a mild stroke two years earlier, and that doctors had warned her that another head injury could leave her in a wheelchair or worse.

She said she believed Gregory thought she was seriously injured or dying.

According to Travers, Gregory pushed her outside as the fire intensified and told her it was “too late” when she asked about the dogs.

Once outside, Gregory pushed her onto the grass and began looking for the hosepipe.

She told him it was near the vegetable garden. He then connected the hose and started spraying water through his bedroom window.

When the domestic worker arrived, Travers said she asked for help to get the dogs out, while Gregory continued spraying water.
She said she again asked for help to rescue the dogs, after which the window exploded.

Addressing the fire she had started, Travers told the court, “I had no intention of causing any damage. The only thing was to get the dogs out. I had to get them out. Things got out of control,” she said.

ALSO READ: Travers details argument, fire on night of fatal house blaze

She said she did not understand why Gregory did not use the fire extinguisher located in his bedroom.

“I thought I was doing it in a safe way. But I was prevented from putting it out,” she testified.

She said the situation became chaotic when windows began exploding, and she saw many people in the garden and heard police officers shouting. She said the police asked her to show them all the entrances to the house, which she did.

She noted that the birdcage was no longer there. The garage light did not work, and she was barefoot, so she asked for a torch.
Travers said she told police of all entrances, including the sliding door and the outside door to Gregory’s bedroom, and told them where the key was kept.

At that time, she said she did not know Gregory had gone back inside the house.

“I said it was impossible because only Greg and I lived there,” she testified.

While walking back through the garage, a police officer asked her what had happened.

She said she replied, “I started a fire.”

She was then arrested, handcuffed and placed in a police van.

Travers alleged that a female officer assaulted her in the van, kicking and punching her and calling her “a stupid, effing murdering bitch”.

From the van, she said she could see flames coming through the roof of the house.

She testified that she later learnt Gregory was inside the house and that the doors were locked.

She said police believed she had murdered him.

She told the court she was confused when firefighters focused on protecting a neighbour’s roof rather than the house itself, and that the fire destroyed everything, including irreplaceable photographs of her two deceased children.

“If I had planned the fire, I would have taken those items out first,” she said, adding, “Greg lost his life, and we lost everything.”

Travers testified about her attempts to remove the birdcage, explaining that the bird was screeching due to the smoke.

“Yes, but it was a different kind of screeching this time. I think it was from the smoke because there was a lot of smoke,” she said.
She said she wanted to save the bird and remove it from the smoke.

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When asked why she did not save Gregory, Travers said, “It’s not that I didn’t care. I didn’t think he was threatened. I didn’t see that he was in any danger.”

She testified that she believed the fire was under control and contained in the roasting pan.

“I have no idea how the fire spread,” she said.

She admitted that lighting the fire was a bad idea, calling it “crazy” and “stupid”.

She also testified that Gregory threatened her and told her he would “F me up” if she lit the fire. Because of this, she said she believed lighting it was the only way to get him out of the bedroom.

Travers said she communicated with Gregory’s brother, David, that night, telling him about the fire and her inability to get help moving the birdcage.

Regarding their argument, she explained that she had received approval for Gregory’s medical aid and that they would reaccept them.

She admitted to abusing sleeping tablets and alcohol and said she wanted to go to rehab. She said Gregory would not allow her to go alone and would not permit her to use his medical aid.

When questioned about statements in which she wished Gregory would die, Travers admitted making them but said they were spoken in anger and not about the fire.

She agreed that their relationship was acrimonious and testified that the last time she saw Gregory was when he was spraying water through the window.

She said she only learnt Gregory had gone back into the house after she was already in custody.

Travers said she had three pets at the time, two dogs and one bird, and that she was still married to Gregory, though she had asked for a divorce.

On January 26, the court heard closing arguments from the State and Travers’ defence.

The State argued that it is undisputed that Travers started the fire while Gregory and the dogs were inside the bedroom.

Several witnesses, including a fire investigator, testified during the trial. According to the investigator, the fire began in the lounge, though the accused admitted to igniting it herself.

The State acknowledged that there was no direct evidence showing Travers physically setting the house alight, but emphasised that she admitted starting the fire.

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While Travers claimed no intent to commit arson, the State argued that her actions were deliberate, unreasonable, irrational and dangerous. The State contended that she had several options to save the dogs, such as contacting the SPCA.

The State also challenged Travers’ description of the fire as “controlled,” noting that the house burnt down. It argued that it was foreseeable that starting a fire in the home could result in death or serious injury to Gregory and the pets.

The State highlighted testimony from witnesses, who said Travers was angry with Gregory and had allegedly said she wished he would die, arguing that this showed motive and intent to harm.

Regarding the attempted murder charge, the State said the accused knowingly created a dangerous situation while Gregory was in the bedroom. While he initially escaped and tried to extinguish the fire, he later returned to the house and lost his life, supporting the State’s argument of indirect intention.

The Defence argued that Travers’ actions were unintentional and that she did not intend to harm Gregory or the pets. It emphasised that Travers remained inside the house after starting the fire, losing all her belongings, which would be inconsistent with someone intending to burn down their own home.

Regarding the attempted murder charge, the Defence argued that Gregory removed Travers from the house and attempted to extinguish the fire himself, and only later returned to the house. The Defence said this showed that Travers did not intend for him to die.

On the animal cruelty charge, the Defence said Travers had sought help to remove the birdcage and was unable to do so alone, indicating she intended to protect the animals.

In conclusion, the Defence said Travers’ actions, at most, amounted to negligence and that her version of events was reasonably possible. They urged the court to acquit her on all charges.

The matter was postponed until February 10 for judgment.