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Freed detainee court orders a ‘matter of urgency’: PM

Ninette Simmons was brutally bashed during a robbery at her Perth home. Photo: WA Police

By Andrew Brown in Canberra

Court applications to lock up freed immigration detainees who have reoffended should be made as soon as possible, the prime minister says.

Anthony Albanese has stared down opposition calls to sack Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neil after an elderly Perth couple was allegedly assaulted by a freed detainee during a home invasion.

The detainee, 43, was one of 154 people released from immigration detention in November after the High Court ruled indefinite detention was unlawful.

Mr Albanese said the court applications to re-detain offenders should be made as a “matter of urgency”.

“What you want to make sure … (is) that an application does succeed,” he told reporters in Sydney on Wednesday.

“I want to see applications done as soon as possible, and I want to see them succeed.”

The government has been given the power to apply to put a detainee back behind bars even if they have not committed a crime, if they are ruled to be too high a risk to community safety.

Opposition Leader Peter Dutton has called for the sacking of Mr Giles and Ms O’Neil, saying they have failed to keep Australians safe following the High Court ruling.

The prime minister has said they will continue in their roles.

But Mr Dutton told Adelaide radio 5AA not enough steps were being taken to ensure the freed detainees were behind bars.

“These are serious criminals and they’re non-citizens, they should be on a plane back to their country of origin,” he said.

“Instead, they’re out committing more crimes against Australian citizens, and I think the PM’s got a huge problem of his own making.”

Earlier, Ms O’Neil said calls for her resignation were “disappointing”.

“If I had this simple power to put (the alleged offender) back into detention, I would do it in a heartbeat,” she told Seven’s Sunrise program.

“What I would like to see is for the opposition and the government to work together to manage a legal change made by the High Court of this country.”

Ms O’Neil expressed sympathy for the Perth couple following the assault and said steps were in place to monitor the released detainees.

“This particular individual and others like him were kept in immigration by our government, but the High Court of Australia made a decision last year which required us to remove those people from detention,” she said.

“The safest thing for the community is for that individual and others like him to be in immigration detention, and when I had the power to maintain the situation, I did, all these people were detained.”

Mr Giles, who also rejected resignation calls, offered to speak with the couple about the situation.

Noting he was limited in what he could say about a case before the court, Mr Giles said he had spoken to the WA police minister about the case.

The alleged offender is yet to enter a plea to any charges.

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3 Responses to Freed detainee court orders a ‘matter of urgency’: PM

cbrapsycho says: 1 May 2024 at 9:28 am

This is an issue for the courts. Now that this man has broken the law, he can be locked up again, as is the case with any violent criminal. The idiot could have enjoyed his freedom but instead abused it and will now bear the consequences of his actions.

Awful for any victim of violence, whether committed by a local citizen or an immigrant. People who repeatedly use violence should not be free in our community. Their citizenship is irrelevant to doing the time for the crime.

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Curious Canberran says: 1 May 2024 at 3:48 pm

I wish the victims the best for a speedy recovery – if one can ever really recover from something like that.

cbrapsycho , upon the release of detainees, I may not be the only reader who recalls your written feedback supporting such a move. A couple articles, City News; “New detention laws challenged in High Court” Nov23 & “$255 million to monitor released detainees” Nov27.
Do you still support “…less expensive than keeping them in detention” is a good thing?
“What evidence is there that these non-citizens are at higher risk to offending than our own hardened criminals?” have you seen enough evidence over the months and today’s latest?

Here you say: “Their citizenship is irrelevant to doing the time for the crime.” That I do agree with, and I also agree with our Professional Law enforcement personnel who advised against releasing the detainees in the first place, where you did not. This horrific incident should have never happened in the first place – can you see that?
Now you promote locking them up – I have no fitting words for print for you Sir.

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cbrapsycho says: 2 May 2024 at 11:12 am

Thankyou Curious Canberran for responding to me directly. I welcome the discussion and the chance to share perspectives.

First of all I am very sad about this attack on innocent people and hope they recover both physically and psychologically. It will take time to recover from such trauma. Sadly this sort of attack happens all too often in our society. All violent people need appropriate sentencing. Most of these attacks are by local people, not by non-citizens. There is absolutely no evidence that non-citizens are at higher risk of offending. The opposite is the case. Most non-citizens seek to keep a low profile so that they can stay here and live in peace.

It is wrong for people to be locked up indefinitely unless they have been convicted of a crime that brings that sort of sentence. The non-citizens had served their sentences for any crimes that they had committed, so our High Court determined they should be released as with any other person who had served their sentence. Keeping people locked up indefinitely is cruel and inhuman treatment akin to torture. Those considered to be at risk of re-offending should have been appropriately and effectively monitored. Clearly that did not happen.

Whoever was supposed to be monitoring these people failed in their job. Whether this was local police, parole supervisors I do not know. Nor do I know if such monitoring was organised as it should have been. Whoever failed in this job is at fault and has some responsibility for the outcome.

The issue has been publicised by the Opposition and supporters for political purposes and highlighted as an immigration issue, when it is a legal and policing issue where our highest court determined the release. Monitoring those released whether citizen or non-citizens is not an immigration issue.

However, we do need some sort of solution to non-citizens who cannot be sent back to their countries. I’m not sure what that is. Locking them up forever is human rights abuse, so what is the morally correct solution?

BTW if you consider all the violence in our community, it is clear that we don’t properly monitor many of our local violent criminals who abuse and murder whilst on parole or AVOs. This appears to be at least partially the fault of our law enforcement professionals and our legal system.

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