A Victorian man has died just three months after he was accused of negligent manslaughter following the deaths of two children.
Matthew McAuliffe, 24, and his ex-partner Shania Lee, 27, were each arrested and charged in September with killing through negligence Izabelle, 5, and one-year-old Lyvia, and causing serious injury to their brother Kalais, 3, by negligently leaving him unattended.
Police allege the three children, each Ms Lee’s from previous relationships, were left alone during a horror house fire in the Melbourne suburb of Sydenham on September 8 last year.
Mr McAuliffe’s case was briefly called in the Melbourne Magistrates Court on Friday morning as prosecutors requested all charges against him be withdrawn.
Magistrate Belinda Wallington was told this was because he was now deceased.
Camera IconMatthew McAuliffe has died, three months after police laid charges. Supplied. Credit: SuppliedCamera IconHis former partner Shania Lee will return to court in January. Supplied Credit: Supplied
Mr McAuliffe was released on bail on October 7 to live with his mother and grandfather in the regional Victorian town of Maryborough.
During a bail hearing last month, his mother said life “had not been easy for Matthew” and she hoped the opportunity to live with her would make a “huge difference”.
The court was told Mr McAuliffe had amassed hundreds of criminal charges over his life.
It was alleged he was a heavy drug user and had criminal associates in Melbourne’s western suburbs.
At the time of the fatal fire, Mr McAuliffe had been back in the community for 66 days after serving a sentence for unrelated offending and had been dating Ms Lee for two months, the court was told.
Outlining the police case, Detective Senior Constable Christopher Mitchell said Mr McAuliffe had moved into Ms Lee’s home a week before the blaze and the pair had allegedly left the children alone at 9.17pm to pick up a car door.
One minute after they left, Constable Mitchell alleged, a fire alarm was triggered in the property.
The officer said it was not alleged the fire in the master bedroom was deliberately lit, but that Mr McAuliffe and Ms Lee knew there was a fire and did not take any steps to return or seek help.
Camera IconThe three young children were pulled from the blaze by firefighters. 7NEWS Credit: Channel 7
Constable Mitchell said Mr McAuliffe allegedly confronted Ms Lee during a recorded prison phone call in February while he was in custody on unrelated matters.
He allegedly mentioned that Ms Lee accessed an internal camera in the house through her phone in the vehicle, where the pair allegedly heard “screaming” shortly after leaving.
“I didn’t tell anyone that you were watching the cameras that night, did I?” Mr McAuliffe allegedly said.
In the call, Mr Lee allegedly says the only thing she did wrong was leave the children alone.
The court was told police were unable to determine how the fire began but believed it was most likely direct ignition on or around the bed when the former couple were still home.
Camera IconIzabelle and Lyvia later died in hospital. 7NEWS Credit: Channel 7
CCTV allegedly captured Mr McAuliffe leaving the home first, and he provided a statement to police about the fire on September 13 while the children were in hospital.
He was arrested and charged while leaving prison for an unrelated sentence on September 11, an incident his barrister Sai Ranjit labelled “unfair”, as Mr McAuliffe was about to embark on community treatment order.
Mr Ranjit had argued the prosecution case was not strong, saying there were clear triable issues.
The charges have been struck out by Ms Wallington.
Ms Lee has not been required to enter pleas and will next appear in the Melbourne Magistrates Court in January.
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