Derek Nichols’ bail refused ahead of sexual touching trial
A young vulnerable man’s bike ride was eerily cut short by an elderly man in a car who is accused of later committing vile acts, a court has heard.
An elderly man and accomplished pianist will remain locked up while awaiting trial for allegedly sexually touching a far younger man with autism, a court has heard.
Derek Edward Nichols has been refused bail while facing Downing Centre District Court via audiovisual link from jail, where he had spent the past eight months.
The court heard that on August 1 last year, the 89-year-old allegedly pulled up in a car and sparked conversation with a vulnerable 23-year-old man who had been riding a mountain bike.
Judge Sharon Harris said police facts allege Nichols invited him into his car to go for a drive, where he “made positive comments towards the complainant and said they were like long lost twins and had a special connection”.
“Over the next few days, the complainant was invited to stay with (Nichols) in his home. The complainant described a touching of him outside of his clothes, hugging him and stroking his face as well as tapping him on the bottom, which made him feel uncomfortable”.
Reading from the alleged facts, Judge Harris said the pair had several sleepovers when Nichols invited the accuser to move from a single bed to his own bed so that they could “feel each other’s energy” and asked him to take his tracksuits off.
The court heard the alleged victim fell asleep and woke up to find Nichols’ hand down his pants, moving his penis up and down.
The court was told nothing was said between the pair, who had breakfast together the next day, before the younger man told his father of the alleged groping.
Nichols denies the allegations.
Judge Harris said the complainant “was distressed and upset about what happened and in a state of panic”.
“He was able to live outside the (family) home but the family did remain concerned about his capacity to do so and that he’d be taken advantage of,” she said.
The court heard Nichols’ criminal history spanned several states and territories.
In 2015 in NSW, he was convicted of possessing child abuse material and sentenced to 18 months imprisonment before he succeeded in a conviction appeal where he was instead sentenced to an 18-month good behaviour bond.
The court heard he was convicted of one count of indecent practices between males in 1997 in Tasmania, for which he served a six-month suspended jail sentence.
Regarding the child abuse material charge, Nichols interrupted Crown prosecutor Caitlin Nash to tell the court he “had not seen the pornography”.
“I was accused of it but I had never looked at it,” he said.
Nichols’ defence lawyer, David Mulligan, told the court he should be released on bail due to time already spent in prison and the possibility that by the time he goes to trial he could have spent longer in custody than the length of the sentence he could be handed if he is found guilty.
But Ms Nash argued Nichols posed a threat to public safety if he was released on bail, did not have secure accommodation planned and had few community ties to support him.
She also told the court he had previously breached the bail he was granted for the sexual touching charge, when he left his bail address “unaccompanied and was walking along the same location he met complainant in the first place”.
“That is of some concern that he breached bail so quickly”.
Judge Harris refused Nichols’ bail application, saying she was satisfied of an “unacceptable risk that he would commit a serious offence if released”.
“I am not satisfied the proposed bail conditions would alleviate those unacceptable risks”.
Nichols is a former pianist and singer, who has previously been involved in successful choir groups across Australia and overseas.
He is next due to face Downing Centre District Court next Wednesday, where the matter will be listed for trial at Port Macquarie District Court either this December or early next year.