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Hung jury in cafe arson trial

In court: Carlos Astwood, 46, was alleged to have committed attempted arson at the Buzz cafe on Pitt’s Bay Road last October. But his trial ended with a hung jury late yesterday

A self-employed painter started a fire in a restaurant doorway because he “saw it as his duty” to make a statement against businesses employing non-Bermudians, a jury heard.But the last day of the Supreme court trial of Carlos Astwood, accused of attempted arson, ended in a hung jury.The 47-year-old Paget man claimed his actions were a “statement” against what he believed was “cheap labour” used by the Buzz Restaurants chain.Mr Astwood admitted in court that he was the figure caught on CCTV setting the fire shortly after 5am on October 28, 2011, at the Buzz Cafe in the Belvedere Building on Pitts Bay Road. A security guard was inside the building at the time.“The defendant said he was not out to harm anybody, just to get attention,” Puisne Judge Charles-Etta Simmons told the jury in her summation of the evidence.A self-described “jack of all trades”, Mr Astwood was “annoyed and irritated” by the economic downturn, she said, as well as the slow pace of his own job, and admitted lighting the fire to let the cafe owner “know that there were people watching him”.Buzz managing director Holger Eiselt was last night unavailable for comment.At the time of the fire, the building’s facade was undergoing construction work, and CCTV outside the Buzz door showed a figure placing a bag and selecting a piece of wood to lean over it before setting the bag alight.Justice Simmons told the court: “The defendant told us he was aware of the fire retardant nature of the plywood and said he wanted to contain the fire.”Prosecutor Maria Sofianos argued that the liquid that Mr Astwood could be seen spraying around the cafe door was an accelerant similar to the paint thinner found on his person, when Mr Astwood was spotted walking past in the early hours of November 1.Security guard Jay Simmons told the court he recognised the man’s clothing from the CCTV footage, and two police officers attending the scene gave chase when Mr Astwood fled the area.Also found in Mr Astwood’s possession at that time were clippings of newspaper articles about Buzz, which the defendant told the jury he kept because they showed the success of the cafe chain — something Mr Astwood said he attributed to its use of foreign staff.However, Justice Simmons noted, during the trial Mr Astwood denied the liquid was an accelerant and said it was a cleaning solution, which he had spread in order to contain the fire and make sure it did not spread.“The defendant told us he saw markings on the ply that indicated that it was fire-retardant,” she added.Telling the jury they were free to view Mr Astwood as “bigoted”, Justice Simmons warned them: “While the defendant expressed strong views, he was not on trial for what you may think are his xenophobic views.”At issue was whether or not Mr Astwood’s actions were intended to set the Belvedere Building on fire.However, after six hours of deliberation, the jury was unable to come to a verdict, and the members were discharged by Justice Simmons.Mr Astwood, who is represented by lawyer Elizabeth Christopher, was released on his personal recognisance, on bail of $2,500.He was ordered to attend the next arraignments session on August 1, when a date may be set for another trial.