An aged one-time particular person of curiosity within the William Tyrrell case will stay in jail after being accused of grooming and sexually touching a younger autistic man as he slept.
Derek Nichols, 90, on Monday appeared in Sydney‘s Supreme Court in an effort to be freed on bail to stay in an aged care facility earlier than he later faces trial on one depend of aggravated sexual touching this 12 months.
It has been alleged that Mr Nichols put his hand down the pants of the alleged sufferer, a then 23-year-old autistic man, at his house on the NSW North Coast.
He has pleaded not responsible and can face trial in December having spent over 14 months in custody.
Mr Nichols beforehand lived close to William Tyrrell’s foster grandmother’s house and he was interviewed by police and his house was searched on the time in relation to the lacking toddler.
He’s now not thought of an individual of curiosity within the chilly case.
Derek Nichols has been charged with sexually touching and grooming a 23-year-old autistic man. He allegedly put his arms down the sufferer’s pants at his house on the NSW North Coast
The courtroom was instructed that Mr Nichols first met the alleged sufferer when he drove previous the 23-year-old man who was driving his bike on the time.
Mr Nichols invited the person to get into the automotive and it’s alleged he instructed the person they have been like ‘lengthy misplaced twins’ and had a ‘particular connection’, the courtroom was instructed on Monday.
They spent the following 4 days collectively at Mr Nichols’ house.
The courtroom heard that in response to the Crown prosecution allegations, Mr Nicholls instructed the person they need to sleep in the identical mattress.
In keeping with the complainant’s account, it’s alleged he woke one morning to search out Mr Nichols holding his penis, the courtroom was instructed.
‘The complainant eliminated (Mr Nichols’) hand and was apparently upset and careworn and, in his phrases, in a state of panic,’ Justice Hament Dhanji mentioned.
He instructed his father earlier than a criticism was made to police on August 5.
The courtroom was instructed that it’s alleged that Mr Nichol’s took steps to ‘groom’ the alleged sufferer.
The courtroom heard particulars of Mr Nichols’ prison historical past which included in 1987 being convicted of 5 counts of indecent practices, which led to him being positioned on a toddler safety register.
The courtroom heard on Monday that Mr Nichols has been in custody since August final 12 months.
He was arrested on August 8 however launched on conditional bail amounting to deal with arrest.
Lower than per week later, he was rearrested whereas going for a stroll ‘alongside the lake’.
‘The problem is within the absence of the nominated particular person it’s not identified what might need occurred had the applicant come into contact with a toddler or weak particular person,’ Justice Dhanji instructed the courtroom.
William Tyrrell disappeared from his foster grandmother’s home at Kendall, on the NSW North Coast, in September 2014
Mr Nichols utilized for bail to stay in an aged care house.
His solicitor Elizabeth Busby instructed the courtroom that the bail circumstances imposed on him following his preliminary launch have been ‘onerous and pointless’.
She argued that he was not a danger of offending if he was launched on bail given he wouldn’t be allowed to have guests.
Justice Dhanji denied his bail utility, noting that the power was not outfitted to take care of folks on bail.
‘I’m primarily involved with the chance of the fee of a critical offence,’ Justice Dhanji mentioned.
‘Having had regard for all of the issues put ahead, I’m in the end of the view that there’s an unacceptable danger of the fee of a critical offence and bail is refused.’
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