Sydney sisters ‘terrified’ as murderer Tony Kellisar freed from immigration detention

A released immigration detainee who refused a mandatory electronic tracker was uncontactable to police and at large in the community as Labor refused to reveal any details about the case.

Two Sydney sisters are “terrified” after learning the man who murdered their mother has been released from immigration detention by order of the High Court.

Serrah and Bianca Katz have been informed their former stepfather Tony Kellisar was freed on Friday, 25 years after he killed their mother, Svetlana Podgoyetsky, in Melbourne.

Ms Podgoyetsky was on a work trip in 1997 and Kellisar had secretly followed her from Sydney.

He then drove her body back to Sydney where he tried to dissolve it in a vat of acid.

Kellisar, an Iranian refugee, was sentenced to 22 years in a Victorian prison, and his visa was revoked.

Sisters Serrah and Bianca Katz have been left terrified after the man who murdered their mother was set free from detention. Picture: Sam Ruttyn

Andrew Katz, who later adopted Serrah and Bianca, said the girls were extremely distressed by news of Kellisar’s release.

“They’re really fearful that this guy will roll up to Sydney,” he said.

“I don’t know if an ankle bracelet is going to stop him.”

Tony Kellisar and Lana (Svetlana) Podgoyetsky on their wedding day in 1997. Picture: Supplied

Lana (Svetlana) Podgoyetsky was found dead in 1997. Picture: Angelo Soulas

Mr Katz said the family were informed Kellisar was at large in the community several days after his release and only by the Victorian Victims Register, not the federal Department of Home Affairs.

“The thought that this guy is roaming free and probably might end up here in Sydney, has the girls terrified,” he said.

“This is a man who murdered his wife, I don’t think an ankle bracelet is going to do much to stop him.”

Bianca and Serrah Katz in 1997, the year their mother was killed.

Mr Katz said he presumed Kellisar would get compensation given the court had ruled against the detention of non-citizens in similar cases.

“That’s a very scary thought,” he said.

“The fellow has never repented, not expressed any remorse.”

Mr Katz said it “beggars belief” the High Court could make a decision with such “far reaching consequences” without having its full reasoning prepared.

“We just need this government, the Solicitor-General, whoever it takes to find a way to amend the law and get this situation dealt with,” he said.

‘ABSCONDED’ DETAINEE AVOIDS POLICE AS LABOR CAUGHT OFF GUARD

A released immigration detainee who refused a mandatory electronic tracker was uncontactable to police and at large in the community as Labor refused to reveal any details about the case.

In the latest saga of the High Court headache that has caught the federal government off guard, Australian Border Force (ABF) Commissioner Michael Outram on Monday revealed the uncontactable detainee had been referred to the Australian Federal Police (AFP).

There are also questions over Home Affairs Minister Clare O’Neil’s initial claims to have received operational advice indicating the government would win the case and be able to keep the non-citizens detained.

Emails instead show Labor was desperately trying get the US State Department to resettle the Rohingya child sex offender, known as NZYQ, in order to prevent his case setting a broader precedent.

This prompted Ms O’Neil to later say her department had been “preparing for the loss for some time”.

Home Affairs Minister Clare O’Neil, ABF Comissioner Michael Outram and Immigration Minister Andrew Giles fronted media and revealed four detainees declined ankle bracelets. Picture: NCA NewsWire / Martin Ollman

The government committed to mandatory electronic monitoring of the released detainees, but already four of the 141 non-citizens released since the November 8 ruling have refused.

They are now under AFP investigation, with one not able to be contacted by authorities when Mr Outram addressed the media at 9am on Monday.

Eleven hours after Mr Outram said authorities were “still making attempts” to contact the detainee, Labor and law enforcement agencies refused to confirm if those efforts were successful.

Mr Outram said the four who had refused ankle monitors were “lower risk”.

Coalition home affairs spokesman James Paterson said the uncontactable detainee “appears to have absconded”.

“The serious risk this poses to the community is utterly unacceptable and continues Labor’s shambolic response to the High Court decision,” he said.

There have been 141 people released from immigration detention since the High Court decision. Picture: Jeremy Piper

No information about the detainee, their suspected whereabouts, criminal history or description would be provided when questions were put to Immigration Minister Andrew Giles.

The minister’s office did not answer and referred the questions to the ABF and AFP.

An ABF spokesperson said the four individuals subject to “noncompliance” with the mandatory electronic monitoring had been referred to the AFP for “appropriate action”.

“For those not fitted with an electronic surveillance device, the ABF and AFP will work with the states and territories to ensure appropriate steps are taken to protect community safety,” they said.

The spokesperson said it would “not be appropriate” to comment further as the investigation into the four detainees was ongoing, and for “privacy reasons” the ABF and the Department “do not comment on individual cases”.

The AFP declined to comment.

In another twist in the case, the Coalition joined forces with the Greens late on Monday to vote against criminalising the emergency controls imposed on the released detainees earlier this month.

The Opposition backflip was attributed to the late breaking news from the High Court that it would be publishing the full reasoning behind the decision that lead to the release of the detainees on Tuesday.