Immigration detainee and criminal Baby Timothy Tot, 42, behind bars after refusing to be monitored

A convicted armed robber released from immigration detention by the High Court is back behind bars, telling Border Force officials he wouldn’t be “chained like a monkey”.

A convicted criminal released from immigration detention under a High Court decision told Australian Border Force officers he wouldn’t be “chained like a monkey” after he refused to wear an electronic monitor, a court has heard.

Sudanese national Baby Timothy Tot, 42, who had a history of criminal offending in SA including armed robbery, was set free in December 2023.

He has since been charged with a number of further offences and is subsequently required – by conditions of his bridging visa – to be monitored at all times.

On Monday, the Adelaide Magistrates Court heard Tot, of Bowden, was the first in the state to be prosecuted by the Commonwealth for refusing to comply with the monitoring conditions of his visa.

The court heard Tot was the first to be prosecuted in SA for the Commonwealth breach of his Visa conditions. Picture: AAP Image/Morgan Sette

Tot has been charged with assault, unlawful possession and refusing to provide a name and address after a Brompton incident in August this year.

John Clover, for the federal Director of Public Prosecution, told Magistrate Aaron Almeida, that Tot was given multiple opportunities to comply with the conditions by Australian Border Force officers.

“The defendant said he would not allow Border Force to touch him, and said in that context that he would be quote ‘armed’ … as in weapons,” Mr Clover said.

“The defendant refused efforts to arrange a meeting and said that he would not be ‘chained up like a monkey’ and told the officer he would not meet with Border Force, and that the Border Force were not to attend his home.”

The court heard Tot arrived in Australia in 1999, and was sentenced in the District Court of South Australia for multiple offences including aggravated robbery and five counts of breaching bail.

Sources have told The Advertiser Tot was released as part of a decision made by the High Court late last year which ruled 148 non-citizens, including rapists, murderers and drug traffickers – could not be indefinitely detained.

The decision sparked a series of emergency laws rushed through by the federal government allowing authorities to impose strict visa conditions on former detainees, such as ankle monitors and curfews.

The court heard Australian Border Force officers informed Tot of his new Visa conditions and gave him multiple opportunities to comply. Picture: AAP Image/Tracey Nearmy

In December last year, The Advertiser revealed Aliyawar Yawari – a former detainee who was released in November 2023 – was the first freed under the court’s decision to again be charged with criminal offending.

The charges against Yawari were later withdrawn.

If found guilty of the alleged visa breach, Tot would face a penalty of five year imprisonment, with a minimum head sentence of one year under the Migration Act 1958.

In court on Monday, Tot declined the assistance of a duty solicitor after learning he would not be guaranteed bail.

“I would really wish for an appropriate lawyer, really make appropriate decisions you know based on my freedom,” Tot said.

“I don’t know why I’m actually here in the first place, this is not a court of law, I’m being detained, this is unnecessary.”

Mr Almeida refused bail as Tot posed a flight risk given his prior noncompliance, and remanded him in custody to face court again in October.

A Department of Home Affairs spokeswoman said the department does not comment on individual cases.

Originally published as Immigration detainee and criminal Baby Timothy Tot, 42, behind bars after refusing to be monitored