The bail justice’s notes that let eventual Bourke St killer walk free
The bail justice who set Bourke St killer James Gargasoulas free has defended his actions – and for the first time, the notes he recorded during the bail hearing have been revealed.
Law & Order
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The bail justice who freed James Gargasoulas days before the Bourke St massacre insists he wasn’t provided his criminal history and has accused police of lying.
But Christos Pantelios conceded he couldn’t remember key details of the case and said his memory might have been “polluted” in the aftermath of the tragedy.
What he can and can’t remember from the hearing came under intense scrutiny yesterday. After Gargasoulas’ deadly rampage, Mr Pantelios wrote down what he thought he could recall – but conceded he mixed up details in his notes.
“I was in a very high level of distress and just a case doing a mental dump afterwards.”
Mr Pantelios was clear though he didn’t get a copy of the Law Enforcement Assistance Program [LEAP] report which outlined Gargasoulas’ criminal history.
The inquest heard he asked for a copy of any prior convictions before the bail hearing when he met with Senior Constable Jake Semmel.
“Seeing this document and seeing the extent of the offender’s criminal past would have definitely altered my decision-making,” he said.
Snr-Const. Semmel has given evidence he handed a copy of the LEAP report to him – but although Mr Pantelios could not recall many other aspects of the hearing, he was adamant he was not given it.
“If there was a LEAP record in front of me I would have gone through it,” he told barrister Rachel Ellyard, who is representing Sen-Const. Semmel.
She put it to him it wasn’t “plausible” the officer wouldn’t have when he was fighting to have Gargasoulas remanded in custody.
“I don’t dispute he printed out the record, I do dispute it was in front of me.”
He said he was given a pile of papers and said he “doesn’t recall” exactly what they were – but was certain it wasn’t the list of prior convictions.
Mr Pantelios said although police clearly opposed bail, “I had the impression they weren’t making a massive song and dance about him being a massive danger to society.”
However, his own handwritten notes were shown to him where he did record Gargasoulas had failed to appear on bail eight times and had previously evaded police.
The inquest has previously heard another officer, Detective Senior Constable Murray Gentner, told him Gargasoulas had admitted to several serious charges including threatening to kill his mother.
It was her address that he was eventually bailed to – and Mr Pantelios claims Snr-Const. Gentner was happy with that.
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When told yesterday the officer denied that, he said: “I would say he is lying.’
He “most likely not” would have bailed him if he had of known the nature of the charges, which also included driving and endangering public safety.