Materials scientist says Garapan fire was intentional

A materials scientist from Malaysia testified yesterday that based on his investigation of the fire that engulfed BL Clothing Store in Garapan in 2010, he was able to conclude that it was intentionally set off.

According to Yu Ong Sing, at least four areas in the building were set on fire. He also corroborated local firefighters’ opinion that an explosion occurred at the clothing store.

Yu, who is employed by the Kuala Lumpur-based Forensic Services, testified yesterday in the ongoing jury trial of FirstNet’s lawsuit against Zhen Rui Brother Corp., the owner of the store. He has investigated over 220 fires and explosions throughout Malaysia, China, Taiwan, Vietnam, the Philippines, Thailand, Indonesia, and Guam. He is certified by the National Association of Fire Investigators in the United States.

FirstNet hired Yu to investigate the fire that occurred at BL Clothing Store in the early morning hours of Oct. 30, 2010.

Fire policy insurer FirstNet is suing Zhen Rui Brother Corp., owner of BL Clothing Store, for allegedly deliberately setting off the fire so that the owner could claim $404,718.53 in insurance proceeds.

Zhen Rui Brother Corp. filed a countersuit against FirstNet, alleging breach of contract, breach of implied covenant of good faith and fair dealing, insurance bad faith, and unfair or deceptive business practices.

Yu said that he conducted his investigation on Nov. 5 and 6, 2010. He identified several photos that he took at the scene showing trails of fabrics that connect to other areas in the building.

He said he could smell gasoline from the fabrics as well as on the floor after he cleared or removed items from the areas where he focused his investigation.

Yu said he found out that roll of fabrics were laid out on the floor. He also disclosed that he recovered a candle, a plastic cap, and samples of gasoline that he all brought to a Malaysia laboratory for analysis.

Yu said that when a structure is intentionally burned, there’s usually evidence of low level burning because a person would start the fire at a lower portion of an area. Yu said this was the situation with BL Clothing Store.

He said he noticed the rolls of fabrics that were arranged on the floor, which he found to be unusual.

When asked by attorney Richard W. Pierce, counsel for FirstNet, as to the purpose of the fabric trail on the floor, Yu said it was arranged there so the fire would spread from one location to another.

“Definitely gasoline was introduced to the fabrics because I could smell them,” he said.

When shown a photograph of a distorted wall in the building, Yu explained that this indicates that there was an explosion. He said the wall was upwardly displaced.

Yu said that when a closed place is very hot and oxygen is suddenly introduced-for example, when a door is opened-an explosion will follow.

Yu said that he talked with Zheng Biao, the owner of the store, in the course of his investigation and that Biao told him that burglars had broken into the store a few months before the fire, using the back door.

Biao allegedly told him that he placed additional locks on the doors and also bought fire insurance.

During cross-examination by Biao attorney Michael Dotts, Yu admitted that he did not give the candle or other pieces of evidence he collected to the Department of Public Safety.

“Our main business is to determine the cause of fire,” Yu said.

Fire Lt. Kevin Aldan, who also took the witness stand yesterday, expressed belief that there was an explosion at the store due to gasoline.

During cross-examination by Zhen Rui Brother counsel, Ramon Quichocho, Aldan said he took a container that was found at the scene to the Fire Station on Capital Hill and eventually submitted it to the DPS evidence custodian.

Aldan admitted that he disposed of the liquid found inside the container.

When asked why he threw away the liquid, Aldan replied, “We cannot keep it.”

Aldan said he submitted the container to DPS on Aug. 10, 2011, about 10 months after the fire.

Aldan agreed with Quichocho that he never took a sample from the container to determine whether it was gasoline.

Aldan also agreed with Quichocho that the container was either sitting in the garage of the Capital Hill Fire Station or in the office.

Aldan said that when he arrived at the scene he could smell gasoline.

When Saipan Tribune left the courtroom yesterday afternoon, Daniel M. Manuel, a claims manager for the Guam-based Equitable Adjusting & Service Co., was on the witness stand.

Manuel, a FirstNet witness, was the one who hired Yu at FirstNet’s instruction to investigate the suspicious fire at BL Clothing Store.

Manuel said he and Yu arrived at the same time on Saipan from Guam. He said he could smell gasoline at the scene.