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Alleged Old Parliament House arsonist bailed

A Victorian man who was charged with arson over a fire at Canberra’s Old Parliament House has been granted bail at the ACT Magistrates Court.

Jan 04, 2022, updated Jan 04, 2022
Police officers stand guard outside the fire damaged entrance to Old Parliament House in Canberra. (AAP Image/Lukas Coch)

Police officers stand guard outside the fire damaged entrance to Old Parliament House in Canberra. (AAP Image/Lukas Coch)

The 30-year-old, who has been charged with arson and damaging commonwealth property, appeared via video link on Tuesday from Canberra’s prison where he was being held on remand.

His bail conditions include him reporting to the nearest police station to his home in Gippsland once a week, not entering the ACT unless for legal purposes and attending court in the ACT when compelled.

He cannot enter the suburb of Parkes, where Old Parliament House is located, when he is in the ACT.

A suppression order has been granted to stop the man’s name being publicised in fear of retribution for his alleged actions.

The court was told the man shaved his beard for fear of retribution, but Special Magistrate Jane Campbell queried whether it was so he wasn’t recognised by CCTV footage.

“But if you say it’s for retribution, so be it,” she told the court.

Prosecutor Angus Brown opposed bail on the grounds the defendant was likely to collude with other protesters to tamper or erase evidence, or intimidate other witnesses.

The defendant’s criminal history and serious nature of the alleged offence meant future offences were possible, Mr Brown said.

He alleged the man shovelled hot coals from the smoking ceremony to the door, and knew that protesters would impede emergency service access to the fire, thus heightening the risk to people in the building.

“Social media allegedly shows the defendant specifically stoking the fire,” he said.

“It wasn’t spontaneous. He needed to get fuel for the fire numerous times.”

Brown also expressed concerns the defendant was a flight risk.

But Legal Aid lawyer Tamzin Lee told the court the arguments put forward to oppose bail were unfounded.

Ms Lee said police already had the video evidence and were able to track the defendant down when they arrested him within days of the incident.

“There is simply no basis for some of the opinions,” she said.

She also argued the defendant not returning to court because he professed to be a sovereign citizen – which Brown said “showed a disregard for the law” – has no evidential basis.

Ms Campbell accepted there was a concern the defendant wouldn’t return to the ACT for court given he resides in Victoria and has no links to the territory.

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But she said this was ameliorated by the fact there would likely be extradition and an arrest warrant put out if he failed to show.

“Nothing in his criminal history suggests to me he is likely to flee and not attend court,” she told the court.

“I am of the view that bail conditions that restrict his attendance in the ACT and compel him to attend court when required will be sufficient to ameliorate the risks that are posed.”

The case will return to court on February 1.

The charge of arson carries a maximum 15 years’ imprisonment.

Around one to two dozen supporters gathered outside the court and held a smoking ceremony before the case was heard.

They were initially met by 10 police officers who then returned to the station across the road after speaking with some of them.

Some protesters appeared to be part of a sovereign citizen movement and were telling reporters police had no jurisdiction to engage with them.

A woman purporting to be from “the sovereign nation of Terra Australis” applied to represent the man in court, but was denied.

Members of the Aboriginal Tent Embassy, which was set out across the road from the building almost five decades ago, have condemned last Thursday’s fire.

Community elders have also expressed concern about an anti-vaccination camp recently set up near the tent embassy.

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