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Thread: More Released Detainee Trouble

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    Default More Released Detainee Trouble

    This whole thing is a sh!t show....really. The High Court should be held to account for this.

    Detainee released in High Court ruling stands accused of violent home invasion



    Sorry, didn't know it was paywalled..........

    One of the men arrested at the weekend over the violent home robbery of an elderly Perth couple had been released from immigration detention last November as part of a controversial High Court ruling.

    This masthead can reveal Majid Jamshidi Doukoshkan, 43, is one of three men accused of an attack on Ninette and Philip Simons at their home in Girrawheen, in Perth’s northern suburbs, on April 16.
    Ninette and Philip Simons were assaulted and robbed in their Girrawheen home.

    Ninette and Philip Simons were assaulted and robbed in their Girrawheen home.

    WA Police allege the men posed as police officers and said they had a warrant to search the home for stolen gold.

    Philip, 76, said they tied him up, while 73-year-old Ninette, a recent cancer survivor, was allegedly assaulted, telling media she had thought she was going to die.

    The three men allegedly fled the home with $200,000 worth of jewellery and other items.

    After a week-long manhunt, police arrested three people in relation to the incident at the weekend.

    An Australian Border Force spokesman said the Department of Home Affairs knew that WA Police had arrested a person who held a bridging visa R – the visa held by the detainees released after the High Court decision – but refused to comment any further because the matter was before the courts.

    Doukoshkan was charged with aggravated home burglary, robbery, impersonating a public officer, assault and detaining someone.

    He was part of a group of detainees released from Perth’s Yongah Hill Detention Centre last November after a landmark High Court ruling found indefinite detention for detainees who could not be deported was illegal.

    Following the decision, the Albanese government rushed laws through parliament that gave the Commonwealth powers to slap curfews on and electronically monitor released detainees.

    Doukoshkan had a night curfew.

    The government is also working on amendments to migration laws that will give it powers to force visa R holders to apply for foreign travel documents like passports that could see them removed from Australia.

    Shadow minister for home affairs James Paterson and shadow minister for immigration and citizenship Dan Tehan called on their government counterparts Andrew Giles and Clare O’Neil to explain how the system they had in place to protect the community failed this couple.

    “The ministers have hidden from scrutiny on this issue. They now need to stand up and answer these questions and more,” they said in a joint statement.

    “The Albanese Labor government has stopped providing timely updates about how many are being monitored and what conditions are being applied to these detainees.”

    They questioned why the government did not seek a preventative detention order against Doukoshkan, whether he was wearing a GPS monitor and what other conditions were placed on him at the time of the alleged offence.

    Other arrests were also made over the weekend in relation to the home invasion.

    Police in Perth searched several Nollamara properties and allegedly found handcuffs, a WA Police badge wallet and a WA Police brim hat, as well as items of jewellery at one of the homes.

    A 38-year-old man was arrested as a result and will appear in court next month.

    On Sunday, Emmy Signo, 48, was arrested in the nearby suburb of Balcatta, and is accused of driving the men to and from the Girrawheen home on the night of the attack.

    Soon afterwards police arrested Doukoshkan at a home in Osborne Park, also nearby, where it’s alleged jewellery was recovered.

    He appeared briefly in Joondalup Magistrates Court on Monday and was remanded in custody.

    Ninette and Philip Simons spoke publicly last week about their ordeal in the hope it would flush out the perpetrators.

    “I said, ‘She’s a cancer patient, she’s just come out of hospital,’” Philip said.

    “But I could still hear the screaming and punching.”

    Ninette said she had thought she would die.

    “I just felt defenceless. I felt like an idiot,” she said.

    “I handed over all of my life’s savings on a platter, only to be bashed for it. They could have just taken it. I wasn’t even screaming. I couldn’t because he was hitting me. I was submissive. It was so easy for them to take it all, why did he have to bash me?

    “I felt like I should have been dead. I don’t know how I survived this horrific thing.”
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    ..paywalled.... but not the High Court, the Federal Court....

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    I wonder if Australia will ever learn?
    I do not acknowledge the so-called traditional custodians of the land and waters on which we operate.
    Stop using acronyms!!

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    Quote Originally Posted by Jma View Post
    I wonder if Australia will ever learn?
    No...we probably won't....

    From another article on the same incident...good old bail does it again...



    Doukoshkan is one of more than 150 convicted criminals released from immigration detention as a result of last year’s High Court decision.

    He had already been charged earlier this year with two counts of breaching the curfew orders imposed on those detainees. He was granted bail at that time, with the magistrate reportedly warning him that he was “on very thin ice”.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    Arrived in the country illegally, convicted criminal, breached curfew conditions after release, then breached bail conditions imposed for breaching curfew conditions, bashed oldies and stole their life savings, and christ only knows what else he hasn't been caught for yet?
    Model citizen.

    Send the piece of sh*t back to wherever he originated from and make him pay for that journey too.
    After he's served any time here of course, if the bleeding hearts don't let him out again that is...
    I do not acknowledge the so-called traditional custodians of the land and waters on which we operate.
    Stop using acronyms!!

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    Quote Originally Posted by Jma View Post
    Arrived in the country illegally, convicted criminal, breached curfew conditions after release, then breached bail conditions imposed for breaching curfew conditions, bashed oldies and stole their life savings, and christ only knows what else he hasn't been caught for yet?
    Model citizen.

    Send the piece of sh*t back to wherever he originated from and make him pay for that journey too.
    After he's served any time here of course, if the bleeding hearts don't let him out again that is...
    Give him a tent and a packet of seeds and dump him on Heard Island and leave him there, far better than deporting him back from whence he came.
    Cheers
    Ted (Al)

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    Quote Originally Posted by Al Bundy View Post
    Give him a tent and a packet of seeds and dump him on Heard Island and leave him there, far better than deporting him back from whence he came.
    Sounds like a plan
    I'm out of my mind, but feel free to leave a message...

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    don't waste a tent on the bastard

    put a hook through him and use him as shark bait

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    Quote Originally Posted by Al Bundy View Post
    Give him a tent and a packet of seeds and dump him on Heard Island and leave him there, far better than deporting him back from whence he came.
    Tent and seeds? They're needed here for the homeless.....

    Just give him bail again and release him at the 200 mile limit....
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    Jesus...another one bailed today after breaching curfew in Melbourne.....FFS. BAIL Rules!!



    Days after a Perth grandmother was allegedly bashed by a released immigration detainee, a Sudanese-born man freed under the High Court’s indefinite detention ruling has been bailed after being charged with breaching his curfew in Melbourne.

    A Sudanese-born man released under the High Court’s controversial indefinite detention decision has been bailed after allegedly breaching his curfew orders in Melbourne.

    The Australian Federal Police charged 45-year-old Abdelmoez Mohamed Elawad with the curfew breach and failing to keep his monitoring device in working order, charges which both carry a maximum of five years’ jail.

    Police arrested Mr Elawad on Monday after they tracked him down in Melbourne and he was granted bail after fronting the Melbourne Magistrates Court.

    The AFP allege he breached his visa conditions three times between April 20 and April 29 by not following curfew orders.

    Mr Elawad was also charged back in December for other visa breaches, when police alleged he went to Melbourne Airport and stole luggage from a traveller who was asleep in a terminal.

    It was alleged that he breached conditions of his Commonwealth visa on December 1 by failing to observe his residential curfew obligations.

    His lawyer at the time said his client had several health issues including schizophrenia, HIV, diabetes, drug withdrawal, high cholesterol and blood pressure.

    Following Monday’s arrest, Mr Elawad faces three fresh charges of failing to comply with a curfew condition and one count of failing to ensure his monitoring device remained in good working order.

    On top of prison time, he also faces a $93,000 fine for each offence.

    He will return to court on May 22.


    Several detainees have been charged with breaching their visa conditions in the wake of the bungle, which saw 149 people across Australia released from immigration detention with invalid visas.

    Due to their visas being invalid, many face the possibility of escaping conviction for breaching their strict monitoring conditions.

    Federal law states that all detainees must take steps to make sure their tracking devices are in working order at all times.


    The ruling in the Melbourne Magistrates’ Court comes just days after a Perth grandmother was violently attacked allegedly by another released immigration detainee.

    Perth couple Ninette and Philip Simons, both in their 70s, were bashed in their homes allegedly by three men.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    another one for shark bait

    bring back eye foe an eye, they wouldn't do it in the old country because some one would have shot them
    This govt has a lot to answer for, should hook the clowns that made these rules for shark bait as welll

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    Seems that they gave him bail even though they knew he would probably reoffend...what the F..K?



    A commonwealth prosecutor warned a Perth court that freed immigration detainee and declared drug trafficker Mashid Doukoshkan would reoffend yet still did not oppose his bail, eight weeks before the 43-year-old is accused of participating in a home invasion and robbery in which grandmother Ninette Simons was bashed unconscious.
    A court transcript of Doukoshkan’s appearance at the Perth Magistrates Court on February 20 shows prosecutor Kirsty Stynes told magistrate Tanya Watt: “The prosecution does have concerns about his ability to not commit further offences, particularly in relation to the curfew … Not#with#standing that … we do not oppose bail with a personal undertaking being imposed, but want to make it very well known to the accused that that’s the position of the commonwealth today, but further breaches may not have the same response in terms of attitude towards bail.”

    At that point, Doukoshkan was charged over what The Australian has been told were considered highly suspicious breaches of the curfew placed on him after he and 151 other immigration detainees were released by a High Court decision last November.

    Doukoshkan was meant to be in his East Perth residence between 10pm and 6am each day but the ankle monitor he was wearing at the time showed multiple outings at odd hours.

    When Australian Federal Police tried to question him about this, he declined to participate in an interview.

    His lawyer, Stacey Byrne, told the court: “In terms of the actual offences themselves, he doesn’t wish to provide an explanation, mainly because he doesn’t wish to provide an excuse.”

    The maximum penalty for each of Doukoshkan’s breach charges is five years’ imprisonment.

    Ms Watt told Doukoshkan: “Look, Mr Jamshidi Doukoshkan, you are on very thin ice.”

    “The commonwealth is being very generous today because quite frankly if they didn’t consent to the release of you on bail, I wouldn’t be bailing you.”

    Doukoshkan was in detention because successive governments wanted to deport him. He was jailed for eight years in 2017 over an attempted drug operation so serious that the court issued him with a drug trafficker declaration, an apparent warning to future courts and police about the gravity of his conviction.


    Clare O’Neil and Andrew Giles care ‘more about their jobs' than keeping Australia safe
    Ms Watt asked about Doukoshkan’s monitoring device and was told he was still wearing it.

    For reasons that have not been explained by the Albanese government, Doukoshkan was not required to wear a monitoring device at the time he is accused of bashing and robbing Ms Simons at 7pm on April 16.

    The 73-year-old later told how three men pretended to be police to gain entry to the house, tied up her 76-year-old husband, Philip, then beat her unconscious.

    It is clear from the February 20 transcript that when Ms Watt granted bail to Doukoshkan, she believed he would continue to wear the monitor.

    Doukoshkan was released on bail on three occasions in the lead-up to the alleged assault on April 16 and had his ankle monitor removed months earlier.

    The commonwealth admitted it did not oppose bail when Doukoshkan was hauled before the court for breaching his visa conditions on February 20, after earlier claiming it had.

    On Thursday, WA Premier Roger Cook urged commonwealth authorities to use every tool at their disposal to keep a close watch on released detainees, declaring he was “disappointed” to hear that Doukoshkan had his ankle monitor removed in March following a decision of the commonwealth’s Community Protection Board.


    ‘I don’t feel very safe’: Perth victim confronts Immigration Minister in phone call
    He said the board of former law enforcement figures set up by the government in December to respond to the crisis needed to take a precautionary approach to its management of the detainees.

    “It’s a matter of making sure that a tracking system is used where it is necessary and I want the commonwealth to have a precautionary approach in relation to that,” he said.

    “If there’s any doubt in people’s minds whether these people represent a risk to the community, well then obviously we’d like to see electronic monitoring and other supervision methods being an important part of keeping us safe.”

    The Albanese government refused to confirm how many freed detainees were currently being monitored.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    Quote Originally Posted by tipturkey View Post
    It's just ridiculous that a realistic view on the likelihood of reoffending can't be considered.
    Actually, it can be considered....but it's a long & winding road to get there. As I mentioned earlier, the federal court (ie; the commonwealth) started all this, by advising the high court that they'd determined it was illegal to keep a detainee imprisoned indefinitely, pending their extradition from Australia. To lend some context to that, this bring Australia inline with other countries AU has diplomatic alliances with...ie; Australia was the only country that was keeping detainees imprisoned in this fashion. This was of course warmly welcomed by human rights organizations all around the world....(blablabla)... read into the decision making process how you will, but that looks like one of the prime motivations.... compliance...

    ....anyhow, this should've caught your interest...
    When Australian Federal Police tried to question him about this, he declined to participate in an interview. His lawyer, Stacey Byrne, told the court: “In terms of the actual offences themselves, he doesn’t wish to provide an explanation, mainly because he doesn’t wish to provide an excuse.”
    ...keep your frame of reference here, this is Federal police, not state/territory coppers, and if you think you caught the slightest whiff of 'diplomatic immunity' in all that....hmm...you're probably right and wrong at the same time. My hunch is there's more law reading to be done, but it strikes me as peculiar penalty for breech of his bail conditions was 5years per charge, and initially he was charged for importing drugs..which was 5years jail as well.... something weird here, this is not criminal law as I know it...

    ...oh, fun fact...I looked up his wig ; yep, sure enough, all supplied thru legal aid...get this ; where do you reckon the head office of the W.A. Legal Aid office is situated?.... Christmas Island ... (who knew? =)

    This line, is a pearla...

    “The commonwealth is being very generous today because quite frankly if they didn’t consent to the release of you on bail, I wouldn’t be bailing you.”
    ...that's remarkable (terse) coming from a Magistrate ....rare is the day they put themselves on record identifying where consent actually came from, and then further put on record what they would've done. It's a good way to wash your hands retrospectively (I told you so), but clearly the Magistrate was being controlled from on high..... compliance...

    The next tidbit in plain sight, was something I'd not heard of before...

    the commonwealth’s Community Protection Board.
    ....that's this new, 4month old board... ...."includes members from the Australian Border Force, the Department of Home Affairs, and personnel with law enforcement expertise" ... they probably haven't had time to get their letter heads and forms printed out yet.....

    ...but wrt to opening quote here, there you go.... this mob is responsible for such review.....(now, after the decades old antique mechanisms they'd been relying on came tumbling down, giving rise to this new board with all members undefined in the 3rd person)...

    So what went wrong?....ummm.... the AU govt. didn't deport him at earliest opportunity me thinks. I mean...in my mind, if you're caught importing drugs, they keep you locked up until charges proven beyond doubt (not hard), and then deport you immediately back to your home country, to face sentencing there...(saves our tax payers money). As this didn't happen, it made it possible for him to commit further crimes (so to speak), just by being here.

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    From todays paper....

    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    This becoming hilarious....how mch stumbling and bumbling are these politicians and officials going to be allowed to get away with....

    Another one in WA.

    ...............has been arrested and charged with an aggravated burglary that he allegedly committed while under the watch of the federal police and wearing an ankle monitoring bracelet.

    Kimbengere Gosoge, 42, was arrested on Wednesday after allegedly breaching curfew for nearly a week and then turning off his ankle device.



    Second WA detainee allegedly re-offends months after High Court release
    ByRebecca Peppiatt and Heather McNeill
    May 3, 2024 — 5.04pm


    Another former Perth immigration detainee released following a High Court ruling last year has been arrested and charged with an aggravated burglary that he allegedly committed while under the watch of the federal police and wearing an ankle monitoring bracelet.

    Kimbengere Gosoge, 42, was arrested on Wednesday after allegedly breaching curfew for nearly a week and then turning off his ankle device.

    Gosoge is alleged to have breached the conditions of his visa five times between April 26 and May 1 by failing to observe his residential curfew obligations, and is alleged to have failed to keep his monitoring device in working order.

    He appeared at Midland Magistrates Court on Thursday afternoon and did not apply for bail. He was remanded in custody to reappear at Perth Magistrates Court on May 16.

    The discovery of his case comes amid ongoing controversy over the release of another former detainee who allegedly went on to be one of three people charged over the violent robbery of an elderly Girrawheen couple last month.

    Majid Doukoshkan was released from detention in November with strict conditions attached to his bridging visa, including a requirement to report to Australian Border Force officers daily, abide by a curfew, and wear an ankle monitoring device.

    Following two alleged breaches of his curfew, Doukoshkan was charged in February. The Commonwealth did not oppose bail, despite raising concerns he would reoffend.

    “The Commonwealth is being very generous today, because quite frankly if they didn’t consent to the release of you on bail, I wouldn’t be bailing you,” the magistrate said at the time.

    Weeks later, the charges, which carried a mandatory one-year prison term, were dropped due to a legal loophole linked to the type of visa Doukoshkan had been placed on.

    onitoring of federal detainees released following a decision by the High Court rests with the Commonwealth and responsible agencies Australian Border Force and Australian Federal Police,” he said.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    In the case of the second detainee, Burundi-born Kimbengere Gosoge ... Gosoge had previously faced deportation after being convicted of burglary
    Same deal, already convicted, they failed to deport him in a timely fashion..... I see a few hundred thousand getting blown on an inquiry... =)

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    Polish criminals now....wtf? And we pay compensation?



    Drug trafficker uses NZYQ ruling as his ticket to freedom


    EXCLUSIVE
    By RHIANNON DOWN
    7:24PM JUNE 14, 2024
    A convicted Polish drug smuggler has used the landmark NZYQ High Court ruling to walk free from immigration detention, in a legal challenge that signals the arrival of a wave of damages claims for unlawful imprisonment.
    The man, who was sentenced to a decade in prison for his role in a drug-smuggling scheme, was granted a bridging visa by a delegate of Immigration Minister Andrew Giles and quietly released into the community last month.

    The Polish citizen, known as CZA19, has previously applied for a protection visa arguing that he would be a target for “organised crime figures” if returned to his home country.

    Despite his visa application being rejected after he took legal action to compel the government to make a decision, The Australian understands CZA19 is still owed protection and cannot be returned to Poland.

    After years in immigration limbo, CZA19 lodged the wrongful imprisonment, or habeas corpus, case in the Federal Court in March, after the High Court decision in November found that indefinite detention was unlawful.

    Details of the drug trafficker’s case emerged amid revelations on Friday that the number of non-#citizens being monitored in the community has ballooned to 160, an increase from 153 in April.

    The figures from the latest Community Protection Board summary report show 85 are wearing ankle monitors and 77 are subject to curfew conditions.

    CZA19 arrived in Australia on a tourist visa in 2009 and was charged with importing a commercial quantity of a border controlled drug and sentenced to 10 years and eight months prison before being moved to immigration detention, court documents show.

    His application for a protection visa was rejected by a delegate of the then immigration minister in 2019, and the decision was affirmed by the Administrative Appeals Tribunal. Following a fresh legal challenge, the court ordered the Albanese government to pay costs to CZA19 following his release on May 13.


    The case remains before the court as CZA19 seeks damages against the federal government, arguing that his detention was #unlawful while his protection visa application was being processed.

    “In summary, the respondents submit that the issue of whether the applicant’s detention was lawfully authorised for the purpose of processing his protection visa application remains to be resolved as part of the applicant’s extant claim for damages and the issue of costs should await a decision on that question,” the judgment, dated May 28, states. The federal government had held CZA19 in detention since the NZYQ decision based on a legal precedent allowing for a non-citizen to be held in detention while their visa application is being considered.

    “The department was under a legal duty to determine CZA19’s visa application as per usual process,” a Department of Home #Affairs spokesman said. “The #commonwealth maintains that CZA19’s detention was validly authorised while his visa application was being determined.”

    Australian Lawyers Alliance spokesman and barrister Greg Barns SC said while he could not comment on a case which is before the court, the NZYQ ruling meant the federal government could not continue to detain people when it’s unlawful to do so.

    “The commonwealth has to comply with the November High Court decision of last year,” he said. “I’m aware of – but not involved in – claims for wrongful imprisonment by some individuals who were detained under a power that has been deemed to be unconstitutional.”

    Migration Institute of Australia national president Reuben Saul said any case where a person remains in detention “longer than they are supposed to” placed the government in a position where they could be liable for damages.

    “When a person has been unlawfully detained, they are entitled to seek damages,” he said.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    LSemmens
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    Maybe we should launch a high court action against the Federal Govt for failing to protect us against these animals. I'm sure we'd win, citing nebulous psychological issues as a result of these things wandering around freely!
    I'm out of my mind, but feel free to leave a message...

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