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The Canberra Times
The Canberra Times
National
Toby Vue

Accused Old Parliament House arsonist 'under duress' to appear in court

Nicholas Malcolm Reed walking out of the ACT courts building in February. Picture: Toby Vue

The Victorian man accused of deliberately setting Old Parliament House on fire amid a political protest last December said he appeared in the ACT Magistrates Court on Tuesday because he was "under duress" and that mercenaries would kidnap him if he did not attend.

On December 30, Nicholas Malcolm Reed allegedly used an Aboriginal parrying shield to dig through and scooped coals from an agreed ceremonial fire nearby before carrying them to the front doors, ACT Magistrates Court documents state.

The 30-year-old also allegedly scooped the remainder of a ceremonial fire, as well as sticks a number of times, to take to the front 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 arising from protests that began four days prior.

Following his arrest in which he told authorities he was Indigenous, Reed was charged with arson, damaging Commonwealth property, assaulting frontline community service provider and resisting territory public official.

Police watch over Old Parliament House following the aftermath of the fire in December. Picture: Dion Georgopoulos.

Reed, who is also known as Wareywaa Kirlwil Yarrawirri, fronted the Magistrates Court on Tuesday when Chief Magistrate Lorraine Walker asked if he understood he was there in relation to the charges.

Ms Walker also said the prosecution consented to the matter being committed for trial in the Supreme Court and asked if he wanted to be heard about that.

The defendant, who has grown a beard in which a previous one was the subject of a non-publication order that has since been revoked, represented himself and chose to stand in the middle of the public gallery rather than at the bar table.

He said "I'm here under duress" only because he would "have mercenaries in the company of the ACT to come and kidnap me if I didn't [attend]".

"I challenge the jurisdiction of this court ... Until the jurisdiction can be confirmed, not just assumed, no matter can proceed."

Ms Walker said "I'm of the view I have jurisdiction to deal with the matter".

"I take it you don't. I understand that, but I'm going to exercise my jurisdiction," she said.

"I'm just giving you a chance to be heard about how that [committal for trial] might be done."

Ms Walker told Reed it would be helpful for him to talk to a lawyer, including one from Legal Aid, because "these charges could see you going to prison".

Reed ultimately said "I can't change your intentions, your honour".

Ms Walker committed the matter for trial under a section of the Magistrates Court Act that allows it to do so if it considers it necessary or expedient in the interests of justice.

He will front the higher court on June 16 for a procedural hearing.

Prior to the fire damage, which left an estimated $4m repair bill, crowds had been gathering at the site leading up to the Aboriginal Tent Embassy's 50th anniversary on January 26.

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.

Other people have also been charged in relation to alleged offending at Old Parliament House.

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