I don't know that it matters, but is that playing into the government's voracity in this?
That was the claim for the 2001 fire, and I believe the person who set those fires for the Hammonds said as much in court. Regardless of the reason setting the fire was illegal and the Hammonds were warned for the second time against it. When they did it for a third time in 2006 then the government dropped the hammer on them.