Nicole Roberts exposed to ‘horrific’ conditions in watch house 18 days over damaged vacuum cleaner
A Territory judge heard that a woman spent 18 days in a crowded watch house cell over allegations she burnt a vacuum cleaner — despite having an alibi at the time of the blaze and no expert evidence that the fire was even deliberately lit.
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A Territory woman spent 18 days locked up in a ‘horrific’, crowded cell with no access to a shower or a toothbrush, all over a fire-damaged vacuum cleaner.
Nicole Jessica Roberts appeared before Darwin Local Court earlier this month charged with arson and damage to property — despite an alibi placing her in a Top End home at the time of the fire.
NT Police alleged that the 32-year-old woman burnt a vacuum cleaner near a Top End bus stop on June 30, but her lawyer Rebecca Kriesler said the defence’s case was simple: “It wasn’t her”.
Two weeks ago, Ms Kriesler said the crown case was weak and relied on CCTV from the other side of the street stating from that distance “ID cannot be made out on the video, it is minuscule”.
She asked Judge Stephen Geary to play the footage to show “just how tiny it is — I can’t put it into words without showing Your Honour”.
The footage showed a figure at a bus stop around 30 metres from the camera, but Ms Kriesler said it was not possible to determine who was waiting there.
She said Ms Roberts also had an alibi placing her inside at the time of the fire, with a man telling police she was at his home during the alleged arson incident.
Mr Geary was also told there were not any eye witnesses who identified Ms Roberts at the scene.
Ms Kriesler also handed up photos of the damaged electrical appliance saying “there’s a reasonable possibility that it was a human started (fire)”.
“There is no expert statement suggesting that the fire was even deliberately lit,” she said.
The court heard that based on this evidence the 32-year-old has been held in Palmerston watch house for 18 days, which Ms Kriesler said exposed her to “horrific conditions on remand”.
“Since that date she hasn’t had access to a shower or a toothbrush, there have been 10 people in her cell that is only fit for a couple of people and the lights cannot turn off,” Ms Kriesler said.
Ms Kriesler said without bail she risked spending even longer in custody on remand “for a matter that she will inevitably be acquitted of”.
“It will be many, many months for a matter that she could not be convicted of,” she said.
Prosecutor Bryce Luck said body camera footage from the police allegedly showed Ms Roberts in “clothing similar to that of that person in the bus stop” and alleged she did not have “clear cut alibi evidence”.
“While your honour has seen the footage, and while it is in the distance, we feel quite strongly that it is her,” Mr Luck said.
After hearing the evidence against Ms Roberts, Mr Geary approved her bail on Thursday July 17, and her matter was adjourned to September 3.
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