An 88-year-old North Haven man has been remanded in custody after breaching strict bail conditions on charges relating to the alleged "aggravated sexual touching" of a 25-year-old man.
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Derek Edward Nichols was arrested on Saturday (August 13) by Mid North Coast Police after leaving a West Haven home unaccompanied.
He had been prohibited from appearing in public unless accompanied by the woman with whom he was staying, or if reporting to police.
Nichols is charged with sexually touching another person without consent between 8am on August 1, 2022, and 5pm on August 4, 2022, at a home in North Haven.
He has pleaded not guilty to the charges.
Court documents show his alleged victim has "diminished capacity - mental" and is "vulnerable".
Nichols appeared before Magistrate Georgina Darcy on August 8 and was granted strict bail conditions. He was required to report to police weekly, he was also prohibited from going near the alleged victim.
The court was told he breached these conditions around 8.45am Saturday, when the woman left the home to visit a cafe with family members.
Lawyer Michael Dampney said Nichols left the home for a walk to the lake because he wanted to avoid a visit from those family members.
Police arrived at the home around 10.40am, but no one answered the door.
When the woman came home, police searched the residence for Nichols, who returned some time later.
Bail formally refused
Nichols appeared via audio visual link from Port Macquarie Police Station on Monday (August 15).
Magistrate Darcy said she had granted Nichols bail last week on "very strict conditions".
"I raised some concerns last week about you living in the local area," she said.
"The onus is not on anyone else to ensure that you are doing what you're supposed to be doing under the bail conditions. The onus was on you to make sure that you were complying with bail.
"You knew that you weren't allowed out without being accompanied unless you were reporting to the police."
Magistrate Darcy said it's unclear how long Nichols was absent from the home unaccompanied on August 13.
"Police arrived at 10.40am and it was at least a period of 15 minutes, on my calculations, that police were there and you were not," she said.
Magistrate Darcy said one factor in granting bail on August 8 was Nichols' age.
"The only reason bail was granted was because I was assured that you would comply with such a bail condition and you haven't," she said.
"I'm not taking any further chances. I am of the view now that you are an unacceptable risk of endangering the safety of victims, individuals or the community and/or committing a serious offence.
"In those circumstances, bail having already being revoked, is now refused."
Nichols will remain in jail until the matter returns to Port Macquarie Local Court on August 24.
