Today producer Tom Nicol has night curfew scrapped after sexual assault allegations

A suspended producer for Channel 9’s Today show, who is charged with sexual assault, has asked a magistrate to let him use social media again.

A producer for the Nine Network’s Today show who allegedly raped a woman after a night on the town needs a court-ordered curfew scrapped so he can “maintain his life”, a court has heard.

Tom Nicol appeared before Waverley Local Court in Sydney on Tuesday where his bail was varied to allow him outside his Bondi home after 8pm, in return for an extra day of reporting to police and submitting himself to drug and ­alcohol testing.

Mr Nicol, Today’s former supervising producer who was released on bail in February, was told he faced going back into custody if he failed any tests for alcohol or illicit substances.

He failed in an attempt to regain access to his social media accounts, although his lawyer, Penny Musgrave, argued they had information crucial to his case.

The 32-year-old is charged with sexual intercourse without consent and stands accused of ­assaulting a woman at his eastern suburbs home after a night drinking on January 29.

The court heard on Tuesday the alleged victim became highly intoxicated, putting her in a state of “considerable vulnerability”, and drugs may have been consumed on the night.

Mr Nicol “strongly” denies the claims of assault and has vowed to defend the allegations in court.

He has been stood down by the TV network.

Ms Musgrave had argued the curfew, which required him to be home between 8pm and 6am each night, did not mitigate the risk of reoffending as the incident allegedly occurred inside Mr Nicol’s residence. She said the condition was onerous as he faced a lengthy period until court proceedings were concluded.

“He needs to go out in order to maintain his life over the next two years, Your Honour,” she said.

Magistrate Carolyn Hunst­man said it appeared the curfew had been imposed to prevent further alleged offending “by repeating a night out”.

“I guess that was the concern for the magistrate (who set the condition), to avoid those very same circumstances being in play,” she said.

She deleted the curfew and accepted Mr Nicol’s offer to add an extra day of reporting to Bondi Beach police station in return.

Ms Musgrave also argued her client should be able to access his accounts so he could retrieve “historic” data involving the complainant. “I need him to access it to give me instructions … on the past history of the complainant,” she said. “Contextual work … needs to be done and I can’t rely on the investigators to do that.”

Ms Musgrave said Mr Nicol would not “stalk” or contact the alleged victim online if his social media privileges were returned.

Ms Hunstman was not persuaded, saying the ban should remain to ensure the safety of the community and the alleged victim. Mr Nicol’s matter will return to court in May.

NCA NEWSWIRE