Derek Nichols: Former William Tyrrell person of interest breaches bail in alleged sexual touching case

A former person of interest in the disappearance of William Tyrrell is behind bars after breaching strict bail conditions over the alleged sexual touching of an autistic man.

A former neighbour of William Tyrrell’s foster grandmother — who was questioned by police and had his house searched over the boy’s disappearance before being ruled out as a suspect — is behind bars after breaching strict bail conditions over the alleged aggravated sexual touching of a 25-year-old autistic man.

After pleading not guilty to the charges, Derek Nichols, 88, was granted strict bail which required him to report to Laurieton Police Station on Mondays, live at an address in West Haven’s Seltin Glen, and not to leave the home unless in the company of Ensi Payne or reporting to police.

Mr Nichols was granted bail on August 8, however, the court heard the elderly man had breached bail conditions when police found he had left the home registered as his current address as part of the bail application on August 13.

He reappeared at Port Macquarie Local Court on Monday via audiovisual link.

Derek Nichols, a former person of interest in the William Tyrrell case leaves court on bail after he was charged by police for aggravated sexual touching of a "vulnerable member of the community". Picture: Liam Mendes / The Australian

The Mid-North Coast man’s lawyer, Michael Dampney, said his client left the home of a music group acquaintance Ensi Payne, fearing that her son would think a bail-restricted house guest would “put pressure on” his mum due to recent deaths in the family.

“(Nichols) decided he would leave the house, walk down towards the lake – which I’m instructed is about 70 metres – which gave him a view towards the road so he could see who was coming towards the house,” Mr Dampney told the court.

The solicitor said Mr Nichols “was only missing for about eight minutes”, however, the court found that the agreed police facts suggested a larger time gap.

The police prosecutor also objected to requests by Mr Nichols’ lawyer for a “second supervisor” to be allowed in the home.

“Mr Nichols has shown he’s not willing and not able to comply with the conditions set out by the court,” the prosecutor said.

Magistrate Georgina Darcy, who presided over both of the elderly man’s matters, agreed that it was unclear how long he was absent from the address.

Derek Nichols was charged by police for aggravated sexual touching of a vulnerable member of the community. Picture: Liam Mendes / The Australian

The magistrate said she didn’t trust the elderly man’s recount of the morning.

“I have some hesitation in accepting the version of events you’ve provided,” she said.

“Last week, I raised some concerns about him living in the local area, and Ms Payne gave evidence about the support she could offer … she did indicate there would be some occasions where she would not be home, but the onus is not on Ms Payne to ensure you’re doing what you’re supposed to.”

The magistrate reminded Mr Nichols how lucky he was to be granted bail in the first instance, and said she believed the man to be an “unacceptable risk of endangering” the public.

“It was not envisioned he would be walking around the lake, in the general vicinity of where he met the victim,” she said. “I was assured you would comply with such a bail condition.

“I’m not prepared to take any further chances.”

Bail was revoked and formally refused, with Mr Nichols is expected to reappear on August 24 in relation to the charges and a new Apprehended Domestic Violence Order application.