Goulburn Local Court registrar refuses Shyhiem Whilliams bail over hotel fire

Goulburn Local Court also heard on Thursday, May 25, that Shyhiem Whilliams, 21, of Carlingford, was also on bail when he allegedly set fire to the Commercial Hotel in Yass about 2am Monday.

In addition, police prosecutor Sergeant Nick O'Flynn told the court that Whilliams had filmed himself after the fire and taken photos of the blaze.

Whilliams was charged on Monday with one count of damaging property by fire or explosive to a value of more than $15,000. Police also applied for a detention order for alleged breach of bail. No plea has been entered at this stage.

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On Tuesday, Goulburn Local Court magistrate Geraldine Beattie ordered Whilliams' mental health be assessed at his solicitor's request.

The accused re-appeared before Goulburn Courthouse registrar Bernadette Hilton via audio-visual link on Thursday after Goulburn's Chisholm Ross Centre assessed him as suitable for release into police custody.

But solicitor Rod Boyd said his client had a history of mental illness for which he'd been receiving medication.

"It is hard to imagine a more vulnerable person going into custody for the first time," he told the court.

Mr Boyd said there was a conflict between Chisholm Ross Centre's assessment of his client upon admission, and a discharge form stating he was not demonstrating mental illness but should continue his treatment.

He said it was "unfortunate" Whilliams did not receive the treatment he required while in Chisholm Ross. As a result, he'd "been left in a most vulnerable position".

"In my experience in appearing before the Mental Health Tribunal ... it takes a significant time to determine the appropriate medications and treatment," he said.

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Mr Boyd said he accepted Whilliams had breached his bail when the alleged offence occurred. But he argued "jail was not the right place for him".

Mr Boyd said the fire had caused an estimated $1 million damage to the hotel and although the "risk" of Whilliams being freed on bail was "real", this could be mitigated.

He proposed strict conditional bail, including that Whilliams reside with his family at Carlingford, not leave the house except in their company, attend the Western Sydney Aboriginal Health Service for treatment, comply with his treatment plan and not go within 50km of Yass except to attend court.

Whilliams' family was in court for his appearance.

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But Sergeant O'Flynn, while acknowledging "a problem" with the mental health assessment, opposed bail.

"It could be fair to say this young man has been let down by the system, however the concern we have is if let out into the community, he presents a very grave risk to people's life and property," he said.

"... We have a person who went to another place and caused catastrophic property damage and endangered people's lives," he said.

Sergeant O'Flynn said Whilliams had "hung around" the fire afterwards, videoed himself and took photos of the blaze.

He described it as a "significant breach of bail" and said there was a "very good chance" he wouldn't comply with future bail conditions.

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Ms Hilton said the decision was one of the toughest she'd faced. She had to balance the community's protection against ensuring a "vulnerable person" received the help required.

She noted his family was prepared do everything possible to support him. But Ms Hilton said Whilliams' criminal history had escalated.

She was not satisfied that bail conditions would mitigate against community protection and refused bail.

However Ms Hilton said Whilliams should be brought before a magistrate as soon as possible for a decision on bail.

The matter will be heard at Queanbeyan Local Court on Friday.

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