Charges against a released detainee make Anthony Albanese’s situation even worse | Paul Starick

The unfolding immigration detention fiasco is a disaster for the PM and Labor is floundering, writes Paul Starick.

Prime Minister Anthony Albanese’s nightmare scenario on border protection is hitting home, hard.

The fiasco that most feared when murderers, rapists, pedophiles and other convicted criminals were among 145 released from detention in November is exploding. But Labor is floundering, seemingly unable to respond clearly and decisively.

A convicted sex predator – one of those released after the High Court ruled indefinite detention was unlawful – has been charged with indecently assaulting a woman in Pooraka, in Adelaide’s northern suburbs.

This alleged assault occurred just three weeks after the High Court decision saw the convicted woman-basher released from immigration detention in Western Australia, from where he moved to a Pooraka motel.

Prime Minister Anthony Albanese. Picture: Kent Nishimura

For years, Labor has battled, wriggled and compromised to defuse the charge that it is soft on border protection, following an influx of people smuggler boats after Kevin Rudd’s government was elected in 2007.

Even before then, John Howard indelibly claimed border protection as a signature Coalition touchstone issue by declaring during the 2001 election campaign: “We will decide who comes to this country and the circumstances in which they come.”

Now, the Coalition knows this issue again is igniting the public and is trying to reap political dividends. Opposition Senate Leader Simon Birmingham is thundering theatrically that the consequences of Labor’s border protection failure are writ large by the convicted sexual predator’s indecent assault charges.

“Ask the woman in South Australia who was sexually assaulted what she thinks of the way your government has handled this,” he told parliament, protected from contempt of court laws by privilege.

By contrast, government ministers have been on the back foot, fending off Opposition calls for the resignations of Home Affairs Minister Clare O’Neil and Immigration Minister Andrew Giles. Opposition immigration spokesman Dan Tehan declared: “They need to take personal responsibility for the catastrophic failure of their handling of this issue, which sadly has led to this outcome.”

Former Labor leader and frontbencher Bill Shorten insisted the ministers had “moved with the utmost speed to introduce preventative detention laws” after the High Court decision and rejected calls for their heads.

“The logic of that is that the High Court should resign if you really think that there was some way to prevent this,” he said.

Time is running out to clear up the confusion unleashed by the High Court decision with a legislative fix, based on the existing High Risk Terrorism Offenders scheme, by re-detaining those who should be behind bars.

This is parliament’s final sitting week for the year.

Now, one of the murderers, rapists, pedophiles and other convicted criminals who were among the 145 released from detention is before the courts, charged with indecently assaulting a woman on Saturday night.

Aliyawar Yawari has been charged with indecent assault in Adelaide. Picture: Paul Garvey

This will further fuel Opposition accusations that Labor was woefully unprepared for the fallout from the High Court’s ruling and has been struggling to catch up to protect the community.

In turn, this worsening imbroglio further stokes the Coalition’s longstanding charge that Labor cannot be trusted on border protection, while boosting its own claims to strong and tough management.

Opposition immigration spokesman Dan Tehan on Sunday declared concern that the preventive detention regime would, once again, be rushed and slapdash.

The charging with indecent assault of a released detainee adds even more complication to this already difficult task, by creating a huge political issue for Mr Albanese and his lieutenants to explain – how this mess could happen on their watch.