Belfast man accused of setting fire to two 5G masts in a single night

Standing in the dock of Belfast Magistrates Court, 45-year-old Michael Clarke confirmed his identity and that he understood the two charges against him.

Clarke, from the Monagh Road in the west of the city, is charged with two counts of arson of 5G masts, both alleged to have been committed on 1 June 2023 at the Park Centre and the Owenvarragh area.

Earlier this week the defendant’s brother, 44-year-old Darren Clarke, of no fixed abode, was remanded into custody accused of setting fire to a mast on the Whiterock Road on 7 September this year.

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.

Detective Constable Kirkpatrick told the court that according to police case, two men are captured on CCTV approaching the 5G mast at Owenvarragh with one carrying a JD Sports bag.

As flames erupt from the mast the men run away, leaving the bag behind and that was seized to be forensically examined.

Around an hour and a half later, two individuals wearing the same clothing are captured on CCTV approaching the 5G mast at the Park Centre and they use the same modus operandi of prising open the service hatch, pouring in an accelerant and then setting the mast alight.

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.

DC Kirkpatrick 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 Clarke’s arrest.

He also agreed that “it’s not a crime” to have the literature which was found in Clarke’s home and also that clothing worn by the arsonists on the CCTV had not been found in the property.

DC Kirkpatrick 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’s a high, highly circumstantial case” and one which had “multiple triable issues.”

“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, given the “low bar” for connection, she was satisfied, given the forensic and circumstantial evidence, “I consider that I can connect him.”

Turning to the issue of bail, DC Kirkpatrick said there were objections to Clarke being freed due to concerns about further offending, the investigation being impeded and the defendant not turning up for court.

As regards the attacks themselves, the officer recounted how 26 5G masts had been set on fire since June 2023, attacks which have cost at least £4 million in damage but has also negatively affected how people run their daily lives including accessing healthcare and local services.

Revealing that Clarke has 107 previous convictions, including two bench warrants which were executed after he was arrested for the arson attacks, DC Kirkpatrick told the court police were concerned he could commit further offences if freed.

He said police believe that while individuals are carrying out the physical attacks, there is a fear they are working as part of a network intent on destroying 5G masts.

If Clarke was to be granted bail, he could re-engage with these groupings via social media and online chats and either continue to commit offences, or destroy evidence not yet obtained, the officer told the court.

Mr Madden contended that although Clarke has a lengthy record, there was a seven-year gap in his offending so given the “significant triable issues,” that bail could be granted.

Judge Fitzsimmons said given the “matrix of the alleged offending,” coupled with Clarke’s record which contained entries for warrants, breaching bail and breaching courts order, “I’m not going to grant bail.”

Remanding Clarke into custody, she adjourned the case to 19 September.

As the defendant was led to the cells, he referenced the Nuremberg trials and declared to this in the court: “You are all guilty of treason.”