A man has been remanded in custody accused of setting fire to two 5G masts on the same night.
At Belfast Magistrates Court, Michael Clarke (45) confirmed his identity and that he understood the two charges against him.
Clarke, from the Monagh Road in west Belfast, is charged with two counts of arson of 5G masts, both alleged to have been committed on June 1st, 2023, at the Park Centre and the Owenvarragh area in Belfast.
Earlier this week, the defendant’s brother, 44-year-old Darren Clarke, of no fixed abode, was remanded in custody accused of setting fire to a mast on the Whiterock Road, Belfast, on September 7th.
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In court on Saturday, defence counsel Turlough Madden said there was a challenge to the police contention they had evidence to formally connect Michael Clarke to his charges.
A PSNI detective told the court that according to the police case, two men were captured on CCTV approaching the 5G mast at Owenvarragh, with one carrying a JD Sports bag.
As flames erupted from the mast, the men ran away, leaving the bag behind. That was seized to be forensically examined.
About an hour and a half later, two individuals wearing the same clothing were captured on CCTV approaching the 5G mast at the Park Centre. They allegedly used the same modus operandi of prising open the service hatch, pouring in an accelerant and then setting the mast alight, the court was told.
Forensic examination of the JD Sports bag uncovered mixed profile DNA from three males but when that was sent for more extensive tests, the DNA profile of Michael Clarke was found on it.
When his home was searched earlier this week, investigators seized petrol cans, a key used to open mast service hatches, literature concerning the alleged dangers posed by 5G masts as well as legal guidelines on the crime of criminal damage and possible defences to it.
The PSNI detective told the court that when Clarke was interviewed, “he said that he was a freeman of the land” and although he refused to answer questions about the actual incident, “he went on a bit of a rant that we will all be un-alived unless we wake up”.
During cross-examination, the officer agreed with Mr Madden that the bag “is a movable object”, that two other profiles of unknown males had been found on it and that more than two years had passed between the incident and Mr Clarke’s arrest.
He also agreed that “it’s not a crime” to have the literature which was found in Mr Clarke’s home and also that clothing worn by the arsonists on CCTV had not been found in the property.
The detective acknowledged also that no one has looked at the footage and been able to identify Clarke as an alleged culprit.
Submitting there was insufficient evidence to establish a formal connection, Mr Madden highlighted that it was “a highly circumstantial case”.
“The police are asking the court to jump over a significant circumstantial hurdle here to connect the accused,” the barrister suggested.
District Judge Natasha Fitzsimmons said however, that given the “low bar” for connection, she was satisfied, given the forensic and circumstantial evidence.
DC Kirkpatrick said there were objections to Clarke being freed on bail due to concerns about further offending, the investigation being impeded and the defendant not turning up for court.
He also recounted how 26 5G masts had been set on fire since June 2023, attacks which have cost at least £4 million in damage.
He said police believe that while individuals are carrying out the physical attacks, they are working as part of a network intent on destroying 5G masts.
Remanding Clarke into custody, she adjourned the case to September 19th.