The man accused of deliberately setting Old Parliament House on fire in the midst of a political protest has had his name restricted from the public due to fears of retribution.
The 30-year-old from Victoria was also granted bail despite the prosecution arguing that the defendant's civil disobedience has escalated as he is also facing a charge that arose from a protest in that state.
The defendant appeared via audio-visual link in the ACT Magistrates Court on Tuesday charged with arson and damaging Commonwealth property.
He has not pleaded to the charges and the court heard he travelled to the ACT to engage in protests at Old Parliament House.
On the day in question, he allegedly moved hot coals to the front doors of the building then stoked the fire.
CCTV and social media footage captured the defendant allegedly committing the offences.
Prosecution documents state that an agreed ceremonial fire was lit near the front door area of the building about 11am on December 30.
Less than 30 minutes later, the defendant allegedly used an Aboriginal parrying shield to dig through the fire and scooped coals, twice, from the base before carrying them to the front doors.
As the fire grew, so did protesters gathering near the doors.
The damaging fire came after police agreed to allow demonstrators to protest, involving corroborees and smoking ceremonies, in the front car park for one hour per day.
That agreement was in response to a small fire in the portico area on December 21.
In court, defence lawyer Tamzin Lee applied for a non-publication order on her client's full name, another name he gave to police and his address due to retribution fears raised by police.
The court heard that the defendant proceeded to shave his beard to try to conceal his identity from the community because of safety fears.
Prosecutor Angus Brown did not argue against the application.
Special magistrate Jane Campbell granted it but said it was a "strange thing" that police considered the shaving as being based on retribution fears.
"[The] more obvious reason for shaving the beard off is so that he wouldn't be recognised as a person on the CCTV," she said.
"I will make that order having regard to the concerns by the police ...the fear of retribution suggested."
The defendant was seen on screen smiling when the order was granted.
He was granted bail after the prosecution opposed it on the likelihood of him being charged with more offences and being a flight risk.
Mr Brown said the defendant's alleged offences were calculated because he "went back numerous times to get fuel for the fire".
"At the very least, it's an escalation. He goes from being in a restricted area in Victoria to allegedly lighting a fire at Old Parliament House," he said.
Ms Lee said the police lacked evidence about their concerns and that "there is nothing to suggest that the concerns of police cannot be alleviated with bail conditions".
Bail conditions include reporting to police and not being allowed to travel to the ACT unless for court purposes.
The defendant, who has a conviction recorded in 2021, is scheduled to front court again on February 1.
Earlier in the hearing, a NSW woman and representative of the United Sovereign Nations of Terra Australis had her application to represent the defendant refused.
During court proceedings, protesters gathered outside to support the defendant.
AS IT HAPPENED
- First Nations' leaders condemn Old Parliament House fire, claim anti-vax involvement
- Traditional custodians, police reckon with aftermath of Old Parliament House fire
- Probe into fire underway
- Bail for two accused of offending against police after fire
- Editorial: Old Parliament House fire justice will be a slow but sure burn
- Aboriginal leaders blast anti-vax camp at Old Parliament House
Other people have also been charged in relation to alleged offending at Old Parliament House.
Prior to the damage, crowds had been gathering at the site as the Aboriginal Tent Embassy's 50th anniversary approaches.
Protesters appeared to have included members of anti-vaccination and sovereign citizen groups, with some having live streamed their protests on social media, in addition to Indigenous land rights activists.
The tent embassy and other First Nations leaders have condemned the actions of those involved in the fire, saying they were not associated with the embassy.
A "notice of acquiescence by default" dated December 29 was affixed to the building's door.
Addressed to the AFP, Museum of Australian Democracy and other authorities by a national sovereignty group, the notice asks that "all actions of genocide, complicity in genocide and terrorism are to cease and desist immediately".
FYI protesters in Canberra at Old Parliament house are a 'sovereign citizen' group with overlapping members in the 'freedom' movement. They've been turning up for the past few weeks. They posted this "trespass" notice on the building doors this week pic.twitter.com/ZDBNDNEbpu
— Rachael Dexter (@rachael_dexter) December 30, 2021
Following the fire, the Museum of Australian Democracy's director Daryl Karp said the fire "caused substantial damage" and that while they had not estimated the cost of the destruction, "from a heritage perspective the damage is incalculable".
"Protest is really about it being peaceful, lawful, and not impinging on the rights of others," Ms Karp said.
Old Parliament House remains closed.
