Published Monday, 28 April 2014
The protest camp was set up last summer. (© UTV)
Even though Sean Hyland was previously granted bail he remains in custody amid fears for the safety of both himself and the general public.
His bid to be released has been put on hold because no address can be found outside the Ardoyne area of north Belfast.
Hyland, 21, of Cranbrook Court in the city, was arrested along with another man and woman following an incident at the nearby Twaddell Avenue camp last Tuesday.
Loyalists have been protesting at the site since an Orange Order parade was restricted last July.
The three accused are charged with damaging flags or banners and waving an Irish tricolour at a community flashpoint with intent to provoke a breach of the peace.
Hyland also faces a further count of obstructing police.
His bail was initially opposed on the basis that tensions remain high in the area.
Last week, a District Judge ruled that Hyland could be released once another address outside Ardoyne is approved by police.
He was to be subjected to an exclusion zone and prohibited from going within 500 metres of the Twaddell Avenue camp.
Since then, however, no suitable living arrangements have been identified.
Lawyers for Hyland went before the High Court on Monday in a bid to have those conditions varied.
Mr Justice Stephens was told opposition to him returning to the area is based on a fear of reprisals.
But defence barrister John O'Connor confirmed the only available address is in Ardyone.
"The reason police are saying it's not suitable is because it's too close to the loyalist camp," he said.
"Is the court taking the view that the right to protest, whether or not its legal or illegal, overrides this man's right to liberty?"
The judge pointed out that the issues were to ensure the safety of the public and the accused.
However, Mr O'Connor continued: "The height of their objection is that if he's released there may be an issue where he is attacked.
"The reality is he's stuck with a loss of his liberty for what may or may not happen."
Despite defence submissions Mr Justice Stephens adjourned the application to vary the bail terms.
He held that insufficient inquiries had been made about finding another possible address outside Ardoyne.
© UTV News