Justice Secretary Chris Grayling could be called to give evidence in court after a fathers' rights activist set up camp on the roof of his home.

Martin Matthews, 47, of Middlemead Road, Bookham, stands accused of causing criminal damage to the MP’s roof in Ashtead where he spent a night and day last month.

Mr Matthews, a veteran activist for Fathers 4 Justice, who used to live in Chantilly Way, Epsom, denied the allegation during a hearing at South East Surrey Magistrates' Court in Redhill today.

Prosecutor Fahmina Islam said he climbed onto the roof with food supplies and a tent and unfurled a banner on Tuesday, August 19.

Ms Islam said: "He secured it to the roof causing damage to six tiles on the roof and the surface. At this stage we do not have a quote for the repair."

Mr Matthews' lawyer Adam James said at the time of his arrest it was suggested that the fascia board was damaged but he said the broken tiles allegation was "new".

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Epsom and Ewell MP Chris Grayling

Mr James said: "That evidence comes from Mr Grayling himself who said the roof was in good order when he went on holiday and it isn't now."

When asked if Mr Grayling had to attend court or if a family member could, Ms Islam said: "At this stage I will have to call Mr Grayling to court."

The magistrates today lifted one of his bail conditions which stipulated that he could not go to any premise owned by or "under control" of a member of Parliament, royalty or judiciary.

Mr James argued that a "minor allegation of criminal damage" was disproportionate to this restriction which stripped him of his right to protest.

But Ms Islam said Mr Matthews had previously climbed on Mr Grayling’s constituency office and was "well known" within his activist group for targeting buildings including Ken Clarke's house.

In relation to royalty and MPs, she said: "The bail condition is necessary to prevent future offences while on bail."

Another condition, that he must not visit Mr Grayling's road, remains in place.

Ms Islam said the defendant in interview accepted that he secured the banner to the property but denied criminal damage.

Before his court appearance today, Mr Matthews- who claims not to belong to any nationality, although he originates from South Africa - said he had challenged the Crown to show any damage caused by three tiny screws used to fix the banner.

He said: "I didn’t have permission, but I didn’t actually cause any damage. I think he’s trying to claim a new flat roof from me. I wasn’t there to damage anything. I was there to make a point."

Mr Matthews, who is receiving legal aid, said he and other campaigners had written to ask Mr Grayling if he had voted in favour of a child abuse inquiry a few months ago.

He said: "We have had no answer. I thought I would pop up and remind him."

When asked about the legal proceedings, he said: "I enjoy my days in court. Someone has got to tell them."

Mr Matthews said his friends got food from a chippy and helped him onto the roof where he drank from a bottle of white wine.

He said: "I was mooning as the sun was going down. It’s a bit of harmless fun."

A large number of police officers were called to the scene and he said: "I was woken up quite a bit by the helicopter."

Mr Matthews said he was released from custody at 2.30am, had to walk miles to Redhill and waited for the first bus at 5.30am.

He is set to stand trial at the magistrates' court on January 21.