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Calls for answers over released detainee’s alleged attack on elderly couple

Embattled Home Affairs Minister Clare O’Neil again resists calls to resign, saying if she “had any power” to put a man who allegedly bashed an elderly couple back in custody, she “would”.

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Embattled Home Affairs Minister Clare O’Neil has said if she “had any power” to put a man who allegedly bashed an elderly couple back in custody, she “would”, after she deflected any responsibility as to why he was released from immigration detention.

Majid Jamshidi Doukoshkan was one of 149 immigration detainees released into the community after a controversial High Court decision that prevented Australia from indefinitely detaining people who could not be returned to their home country.

Jamshidi Doukoshkan, 43, is one of three men who allegedly horrifically attacked Perth couple Ninette and Philip Simons, both in their 70s, during a home invasion where they posed as police officers.

Ms O’Neil expressed her deepest sympathies to the victims of the home invasion before she faced several questions as to why the alleged attacker was released and not wearing an ankle bracelet.

“Your viewers will remember that this particular individual and others like him were kept in immigration detention 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 on Sunrise on Wednesday.

Ninette and Philip Simons were victims of a violent home invasion in their Girrawheen home, in Perth.
Ninette and Philip Simons were victims of a violent home invasion in their Girrawheen home, in Perth.

“Now, since then we have been really firmly focused on trying to protect the community. We’ve invested $255 million in police and law enforcement.”

The Home Affairs Minister deflected the blame to the high court and failed to take any responsibility.

Ms O’Neil said if she “had any power to put that person back in detention” she would, but again batted the blame to the high court.

“If I had any power to put that person back in detention, that is exactly what I would do,” she said.

Minister For Home Affairs Clare O'Neil is under pressure to resign. Picture: NCA NewsWire / Martin Ollman
Minister For Home Affairs Clare O'Neil is under pressure to resign. Picture: NCA NewsWire / Martin Ollman

“Now, what you’ve referred to there is a bunch of decisions that were made by state courts, usually with regard to state courts, usually with regard to state crimes.

“I’m not going to refer to the specifics of this individual case. But as a Commonwealth minister, I can’t do anything to change what state courts decide to do with regards to bail.”

She said she “can’t comment on the specifics of the case”, when asked why the alleged attacker wasn’t wearing an ankle bracelet.

Treasurer Jim Chalmers had a similar response to Ms O’Neil on Wednesday morning.

“We’re dealing with a bunch of legacy issues, and we’re dealing with a High Court decision which didn’t go our way,” he said on the Today show.

Federal Treasurer Jim Chalmers also pointed out the High Court decision. Picture: NCA NewsWire / Martin Ollman
Federal Treasurer Jim Chalmers also pointed out the High Court decision. Picture: NCA NewsWire / Martin Ollman

“And so we’re having to respond to that, what happened to that woman in Perth in WA is absolutely horrific. There’s no other way to describe it.”

Jamshidi Doukoshkan was given five charges including aggravated home burglary, aggravated assault and impersonating a public officer.

The trio are alleged to have brutally bashed the pair, including punching Mrs Simons in the face multiple times, and stolen more than $200,000 worth of jewellery and items.

A photo released of Mrs Simons, who is a cancer survivor, showed horrific injuries to her face.

The Coalition is demanding the Albanese government answer key questions about the case including if the man was being monitored after being released from detention.

Last month, Kuwait-born Jamshidi Doukoshkan fronted court after allegedly breaching his night curfew multiple times but was granted bail.

The curfew was a part of a suite of rushed laws the Albanese government brought in to be able to monitor the group of released detainees — several of whom had prior criminal convictions.

The Prime Minister, Anthony Albanese has been asked to please explain.
The Prime Minister, Anthony Albanese has been asked to please explain.
Ninette Simons received severe facial bruising and swelling after she was assaulted during a shocking home invasion at her Girrawheen home earlier this month. Credit: WA Police/Supplied
Ninette Simons received severe facial bruising and swelling after she was assaulted during a shocking home invasion at her Girrawheen home earlier this month. Credit: WA Police/Supplied

It’s understood bail was opposed but was granted regardless.

Exactly which conditions will be imposed upon each detainee is decided by the government appointed Community Protection Board and signed off on by the Australian Border Force.

“The Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neil must front up and explain how the system they put in place to protect the Australian people failed this woman and her partner,” Liberal MPs Dan Tehan and James Paterson said in a joint statement.

“If they cannot do this then they should do the honourable thing and resign. And if they won’t resign the Prime Minister has to finally show some leadership and ask them to go.”

The pair are demanding the government reveal if he was wearing an ankle monitor or if there were any other preventive or monitoring conditions imposed on him.

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

A spokesman for the ABF said they cannot provide more details on the incident while the matter is before the courts.

“The safety and security of the community remains the absolute priority for the Australian Border Force and Department of Home Affairs, and we will continue to work closely with our state and territory partners,” he said.

Detectives in Perth have charged two men and a woman with offences related to an alleged aggravated home burglary in Girrawheen. Picture: WA Police
Detectives in Perth have charged two men and a woman with offences related to an alleged aggravated home burglary in Girrawheen. Picture: WA Police

Detectives and officers from the Tactical Response Group, executed several search warrants in Nollamara, a suburb of Perth.

During the search of a house on Newhaven Way; police located handcuffs, a WA Police badge wallet and a WA Police brim hat. Several items of jewellery were also recovered.

A 38-year-old man and a 24-year-old woman were arrested at the home. The 38-year-old man was charged with a number of offences relating to the aggravated home burglary.

About 4.40pm on Sunday, another search warrant was executed on Bangalla Place in Balcatta where a 48-year-old woman was arrested upon entry. Police will allege the woman drove three men to and from the Girrawheen home on the night of the incident.

A short time later, about 5.30pm, a 43-year-old man was arrested during the execution of a search warrant on Cape Street in Osborne Park. Jewellery was recovered at the home and he was subsequently charged in relation to the aggravated home burglary.

As a result of an extensive investigation, several other people were also charged with related offences.

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Originally published as Calls for answers over released detainee’s alleged attack on elderly couple

Original URL: https://www.heraldsun.com.au/news/nsw/calls-for-answers-over-released-detainees-alleged-attack-on-elderly-couple/news-story/ed68edf1bb31ad84477fa64d1289fd8e