Restaurant owners jailed for arson

Two struggling restaurant owners have been jailed for four years for firebombing their own business to claim the insurance.

The huge blast narrowly missed a man walking in the street.

Kurdish immigrants Antonio Banderas Carlos, 31, and Khalida Hasan Husen, 29, had been found guilty by a jury of arson and attempting to obtain a pecuniary advantage by making an insurance claim.

Passing sentence in the High Court at Auckland, Justice Judith Potter said that it was lucky that the "dramatic explosion" at the Cafe Hasan Baba in Cook St, Howick at 3am on February 17 last year did not kill or injure a passing English tourist.

The judge said that at the time the couple, who have a 3-year-old daughter, were significantly in debt.

Their bank had ordered a mortgagee sale on two residential properties in Husen's name which had mortgages worth more than $1.2 million. Their $25,000 business overdraft had been exceeded and Husen's credit card had been cancelled.

Justice Potter said that after the explosion the pair tried to claim on their insurance for lost property and loss of business.

A loss adjuster put the figure at $435,000 but the insurance company refused to pay out until after the police investigation.

The Crown said it was pre-meditation at the highest end of the scale - the till was left open, making it appear that a significant amount of cash had been stolen by burglars who then set off the explosion.

She said that there were no mitigating features; the pair continued to maintain their innocence and there was no remorse.

However, she took into account their previous good character and efforts to establish themselves in a new country.

- NZPA