A FORMER restaurant manager who was evicted from the premises for failing to pay the rent has been jailed over a fire which a judge said was an act of “vengeance”.

David Shepherd was jailed for two years, nine months at Teesside Crown Court by Judge Sean Morris, while his co-defendant, former soldier David Theaker received a 21 month prison term.

The pair were found guilty following a trial of setting fire to the former Fatz Diner, in Northgate Darlington, on New Year’s Eve last year, the blaze causing £168,000 damage and being tackled by firefighters using breathing apparatus.

Shepherd, who was given a 12 month suspended jail sentence in 2011 for using his uncle’s bank card to steal £6,000 cash, was the sole person in charge of the steakhouse restaurant when it ran into substantial financial difficulties.

After failing to meet a payment plan, he was given a forfeiture notice on Christmas Eve meaning he lost his right to remain as the tenant.

Both men, who denied arson, were seen on CCTV cameras entering and leaving the premises in the early hours of New Year’s Eve shortly before plumes of smoke were seen coming from the building.

The fire caused extensive damage and was blamed on napkins which had been lit at various locations in a ground floor dining area and kitchen, including under a deep fat fryer. A fire alarm had also been disabled.

Prosecutor Peter Sabiston had told the jury that the defendants’ DNA was found on cigarette butts at the scene.

He said the fire was a joint enterprise and had been set out of mischief, financial benefit or maliciousness.

Mr Sabiston read a statement from the director of the company that owned the premises, Lawrence Carey, who said it was difficult to convey the level of distress that had been caused.

He said: “None of the costs have been reimbursed by the insurer who are disputing the [insurance] claim.

“I am unable to let the building and continuing to lose money until the situation is resolved.”

Mr Carey said he was now trying to sell the unoccupied building, which had been vandalised and items stolen from it, to “cut my losses”.

Katy Rafter, for 28-year-old Shepherd, of Harcourt Street, Darlington, said he had suffered from anxiety and depression and she described the fire as a “drunken, stupid venture”.

She said: “Mr Shepherd did not benefit financially from it.”

Ben Pegman, for 26-year-old Theaker, of Westmoreland Court, Darlington, said he had no connection with the premises which Judge Morris said meant he had no motive.

Mr Pegman said Theaker, who had previous convictions for theft, had a good work ethic and had been in employment up until his conviction.

Judge Morris told the defendants that fire killed and immediate prison sentences were inevitable.

He said: “This was a piece of vengeance by you Shepherd in my view, fuelled by drink.

“You Theaker were swept along with it.”