Commonwealth prosecutor feared detainee would reoffend before home invasion

2 weeks ago 7

A Commonwealth authoritative doubly raised fears a erstwhile migration detainee would reoffend but did not reason bail successful the months earlier the antheral was accused of a brutal location invasion.

Following revelations Majid Jamshidi Doukoshkan, 43, wasn’t wearing an ankle show astatine the clip helium was allegedly progressive successful the convulsive Perth location robbery connected April 16, Immigration Minister Andrew Giles is present probing what led to a government-appointed sheet advising helium didn’t request to deterioration 1 successful February.

Immigration Minister Andrew Giles is looking into the Community Protection Board’s advice.

According to a Perth magistrates tribunal transcript, the authoritative said Doukoshkan declined to beryllium interviewed by Australian Federal Police aft helium was arrested implicit the curfew breaches connected February 19.

“So ultimately, your Honour, the prosecution does person concerns astir his quality to not
commit further offences, peculiarly successful narration to the curfew, having respect to his cognition towards compliance frankincense far,” the authoritative said.

“Notwithstanding that, your Honour, we bash not reason bail with a idiosyncratic undertaking being imposed, but privation to marque it precise good known to the accused … further breaches whitethorn not person the aforesaid effect successful presumption of cognition towards bail.”

Magistrate Tanya Watt told the erstwhile detainee helium would inactive beryllium down bars had the Commonwealth not consented to his release.

The curfew charges against Doukoshkan were withdrawn connected March 22 due to the fact that of a Commonwealth bungle implicit invalid bridging visas, nevertheless the erstwhile detainee – antecedently jailed implicit cause offences – allegedly went connected to signifier the location penetration with 2 different men.

Doukoshkan besides faced tribunal connected February 21 and April 10 for authorities offences of driving without a licence and trespassing, for which helium was fined a full of $400 days earlier the alleged location invasion.

Home Affairs Minister Clare O’Neil admitted connected Wednesday the national authorities was powerless to intervene successful authorities bail matters, repeating that Doukoshkan would inactive beryllium successful custody were it not for the High Court’s landmark ruling successful November outlawing indefinite migration detention.

But Opposition Leader Peter Dutton said the authorities couldn’t explicate wherefore the Commonwealth didn’t reason bail.

Home penetration unfortunate Ninette Simons.

“The authorities initially said that determination was a bail exertion that they opposed – that’s not the case. Even the justice said she thought the authorities was being precise ‘generous’ successful not opposing bail due to the fact that if determination was an application, she would person opposed bail,” Dutton said connected 2GB.

Immigration Minister Andrew Giles phoned a unfortunate of the alleged location penetration Ninette Simons connected Wednesday to connection his support, but has refused to remark connected Doukoshkan’s conditions.

The merchandise of much than 150 radical from migration detention aft the High Court determination led to the authorities rushing done strict laws mandating curfews and physics monitoring anklets for astir erstwhile detainees.

On Wednesday different erstwhile detainee – Kimbengere Gosoge – was charged for breaching curfew and monitoring instrumentality conditions six times implicit the past week. Court records amusement helium had besides been fined $1500 for trespassing and cause possession connected February 9, and bailed to look successful tribunal aggregate times successful March and April implicit aggravated burglary charges.

This masthead revealed connected Wednesday the Community Protection Board, a government-appointed sheet of justness experts, gave proposal that led to Doukoshkan’s physics monitoring information being removed successful March.

Sources with cognition of the circumstances accidental Giles volition present analyse what accusation the committee had earlier it said Doukoshkan did not request to deterioration the ankle bracelet monitor.

Members of the committee contacted by this masthead refused to comment, arsenic did the Australian Border Force, which monitors the erstwhile detainees.

West Australian Premier Roger Cook said helium was disappointed by that determination and wanted to cognize the reasons down it.

“It’s a substance of making definite that tracking strategy is utilised wherever it is necessary, and I privation the Commonwealth to person a precautionary attack successful narration to that. If there’s immoderate uncertainty successful people’s minds whether these radical correspond a hazard to the community, good past evidently we’d similar to spot physics monitoring and different supervision methods beryllium an important portion of keeping america safe,” helium said.

Asked whether the committee had failed successful this instance, Albanese told ABC radio’s RN Breakfast the determination was autarkic of politicians. “It’s not due for maine to remark connected idiosyncratic cases, peculiarly ones that are earlier the courts,” helium said.