Ex-Tyrrell suspect accused of sexual touching

An elderly one-time person of interest in the William Tyrrell case will remain in jail after being accused of grooming and sexually touching a young 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 live in an aged care facility before he later faces trial on one count of aggravated sexual touching this year.

It has been alleged that Mr Nichols put his hand down the pants of the alleged victim, a then 23-year-old autistic man, at his home on the NSW North Coast.

He has pleaded not guilty and will face trial in December having spent over 14 months in custody.

Mr Nichols previously lived near William Tyrrell’s foster grandmother’s home and he was interviewed by police and his home was searched at the time in relation to the missing toddler.

He is no longer considered a person of interest in the cold case.

The court was told that Mr Nichols first met the alleged victim when he drove past the 23-year-old man who was riding his bike at the time.

Mr Nichols invited the man to get into the car and it’s alleged he told the man they were like “long lost twins” and had a “special connection”, the court was told on Monday.

They spent the next four days together at Mr Nichols’ home.

The court heard that according to the Crown prosecution allegations, Mr Nicholls told the man they should sleep in the same bed.

According to the complainant’s account, it’s alleged he woke one morning to find Mr Nichols holding his penis, the court was told.

“The complainant removed (Mr Nichols’) hand and was apparently upset and stressed and, in his words, in a state of panic,” Justice Hament Dhanji said.

He told his father before a complaint was made to police on August 5.

The court was told that it’s alleged that Mr Nichol’s took steps to “groom” the alleged victim.

The court heard details of Mr Nichols’ criminal history which included in 1987 being convicted of five counts of indecent practices, which led to him being placed on a child protection register.

The court heard on Monday that Mr Nichols has been in custody since August last year.

He was arrested on August 8 but released on conditional bail amounting to house arrest.

Less than a week later, he was rearrested while going for a walk “along the lake”.

“The difficulty is in the absence of the nominated person it is not known what might have happened had the applicant come into contact with a child or vulnerable person,” Justice Dhanji told the court.

Mr Nichols applied for bail to live in an aged care home.

His solicitor Elizabeth Busby told the court that the bail conditions imposed on him following his initial release were “onerous and unnecessary”.

She argued that he was not a risk of offending if he was released on bail given he wouldn’t be allowed to have visitors.

Justice Dhanji denied his bail application, noting that the facility was not equipped to deal with people on bail.

“I’m primarily concerned with the risk of the commission of a serious offence,” Justice Dhanji said.

“Having had regard for all the matters put forward, I am ultimately of the view that there is an unacceptable risk of the commission of a serious offence and bail is refused.”

Originally published as Ex-Tyrrell suspect allegedly groomed and sexually touched man as he slept