A 'mindless' crook who started a fire that ravaged a famous butchers later took an axe to a corner shop.
Heroin addict Christopher Kelly set a 1,000 litre oil drum in an alleyway alight "for no rhyme or reason", leaving Edge and Son Butchers with a £65,000 bill. The 36-year-old also risked the lives of people living in two storeys of flats above the historic shop, which has served customers across Wirral since 1844.
Jailing Kelly for four years and five months, a judge said only the "sheer good fortune" of two passing police officers smelling smoke had prevented an inferno from engulfing the building in New Ferry, one night in October 2019. Yet just six months after the 36-year-old sparked that fire, he again terrified residents when he was spotted carrying an axe at a newsagents in Birkenhead.
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Kelly was stopped by police who had received reports of the drug-addled crook being armed with the weapon inside McColls in King Street, on March 23, 2020. Officers arrested him and found the axe hidden in a bush. Police, who released a photo of the weapon, described the offence as "frightening and unnecessary".
Kelly, of New Chester Road, Rock Ferry, who admitted possessing a bladed article in public, was jailed for six months over that incident in March 2020. It was mentioned this week when prosecutors outlined Kelly's 22 previous convictions for 36 offences during his sentencing for arson being reckless as to whether life was endangered.
Ryan Rothwell, prosecuting, told Liverpool Crown Court that two officers were driving in New Ferry, at around 11.25pm, on October 23, 2019. They saw flames coming from an alleyway between Edge and Son in New Ferry Road and BP Autos in Legh Road.
The officers called firefighters, who discovered the flames had spread to a 20m x 10m area of the butchers, which required 1,000 litres of water per minute to tackle. Mr Rothwell said the flames were put out by 1am, but there were still hotspots in the roof timbers of the butchers, above which were two floors of residential flats.
The prosecutor quoted a Merseyside Fire and Rescue Service expert, who said: "Had it not been for the sheer good fortune of two police officers passing by and noticing the smoke, the fire easily could have spread to the residential properties." In the alleyway fire investigators discovered the 1,000 litre oil drum, which had contained used engine oil, and determined it had been deliberately set alight.
Mr Rothwell said a CCTV camera at Edge and Son overlooking the alleyway captured 45 minutes of footage, before it was "melted" by the flames. It showed a man - later identified by police as Kelly - starting the fire at around 10.50pm. He stayed to watch the flames, before eventually leaving the scene.
Kelly was arrested at his home three days later, before an interviewing officer noticed that his trousers smelled of smoke. Kelly denied starting the fire, but said he had come across it and went to look, when he spotted a man who he claimed was responsible.
Kelly pleaded not guilty to arson being reckless as to whether life was endangered in November 2020 and was set to stand trial in August 2021. At that point he changed his story and claimed he did start the fire, but it was by accident.
The trial was re-listed for February due to witness issues and three weeks beforehand, Kelly finally admitted the charge. He also fell to be sentenced for breach of bail, having skipped an earlier court date in February 2021, when he was arrested two days later on a warrant.
Callum Edge, who owns the butchers, which was opened by his great great grandfather in 1844, said it cost £49,140 to repair the damage. He said they also spent more than £15,000 on cleaning the premises. No figure was given for the stock loss.
The court heard Kelly's rap sheet also features assaults, possessing Class A drugs and offensive weapons, instances of criminal damage, theft, burglary and vehicle crime.
Philip Astbury, defending, conceded there was a "very worrying risk" created by the fire. However, he said it was started outside in the open air, as opposed to in a building.
He said his client could offer no explanation for his actions, stating: "He genuinely regrets what he did. He thinks every night about what took place. He questions why he did it and regrets his actions every single time."
Mr Astbury said a psychiatric report from 2017 described Kelly at that time as "chaotic and dishevelled". He said: "Your honour reads the difficulties he had with substance misuse and addiction, being really reduced to the lowest level imaginable by way of lifestyle."
Mr Astbury said this included "taking drugs and taking a beating from a like minded individual with whom he wouldn't share those drugs". However, he said now when clean of drugs in custody, he was remorseful.
Judge David Swinnerton said Kelly's criminal record was that of someone with longstanding drug and particularly heroin addiction. He said: "No doubt it's that which was the background and causation of what happened."
The judge said: "There seems no real rhyme or reason as to why you did it. It is described by the victim in the VPS as a completely mindless incident.
"I don't find you deliberately targeted the business or either business. It was the reckless actions of somebody who was using Class A drugs at the time."
Judge Swinnerton said it was "very lucky" the police officers smelled the smoke and alerted firefighters, because the flames could "very easily have spread to the residential properties had they not got there as soon as they did".
The judge, who accepted Kelly was now remorseful, jailed him for four years and five months. This will be minus 112 days he has already spent on a qualifying home curfew.
