Fatal CBD horror leads to bail law review
UPDATE: VICTORIA’s top cop Graham Ashton and Premier Daniel Andrews have expressed frustration over bail issues as laws will be reviewed after the CBD rampage.
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- CBD DRIVER’S MUM: ‘I’M ASHAMED OF HIM’
- BROKEN BAIL SYSTEM CONTRIBUTED TO CBD TRAGEDY
- ACCUSED DEADLY RAMPAGE DRIVER ON BAIL
- MELBOURNE’S LONG DAY OF HORROR
- DRIVER’S CHILLING FACEBOOK WARNING
UPDATE: VICTORIA’s top cop said police “haven’t made a secret” of their frustration over bail issues as laws will be reviewed after the CBD rampage.
Chief Commissioner Graham Ashton said the courts were independent.
“But I would be remiss if I didn’t express that frustration that police members feel around the issues,” he said.
“But they’re not just police members. I think everyone that works in the system has issues with it from time to time”
The state’s bail laws will be reviewed as part of a wide-ranging investigation into how an accused killer driver was able to mow down dozens of people in the CBD.
The Police Association yesterday lashed out at the state’s bail laws and said replacing bail justices with on-call magistrates must be considered.
The accused killer driver, Dimitrious Gargasoulas, was freed by a bail justice on Saturday, January 14, despite opposition from police, over an alleged assault on his mother’s partner.
Less than a week later, the 26-year-old allegedly drove his car into pedestrians on Bourke St, killing four people and injuring more than two dozen others.
Premier Daniel Andrews said he felt anger over the tragedy.
“That’s our focus today, we are sad, we are angry, and we are resolute in making the changes that need to be made to learn from this and to honour that three month old baby,” he said.
“And honour all those who have lost their lives here and all of those who have had their lives forever changed.”
Mr Andrews said he would have more to say about the bail issue later.
“If changes are needed to be made based on the facts they will be made. Resources will not be an issue, expense will not be an issue,” he said.
Asked if he was frustrated by the bail laws, Mr Andrews said: “Yes, I am.”
“It’s my job thought to take that frustration and that anger and the deep sadness that I feel to make sure that’s put into reform and change where we get this right.”
Victims of crime advocate George Halvagis said the government should have already toughened bail laws.
“This is the biggest tragedy to happen in Victoria. Of course they need to look at it now,” Mr Halvagis said.
STRANGERS GATHER TO MOURN MELBOURNE’S LOST
“I don’t know where they get these bail justices but they need to have a good look at themselves, and the government has to answer a lot of questions for this one. My heart is bleeding for the families, mums and dads, sisters and brothers, and everyone who lost their loved ones.”
Premier Daniel Andrews said the decision to let Mr Gargasoulas out on bail would be probed as part of a coroner’s investigation and could feature as part of a wider investigation into the tragedy.
“Let’s deal with the facts of these things, let’s properly understand what’s gone on here, and then let’s make, if necessary, a change that is fundamental to honouring the legacy and memory of those who have died,” Mr Andrews said.
“On the issue of the criminal justice system, and the way in which it has been treated with this particular person, a bail justice made the decision, police opposed that.
“I want to be very clear … that the review, the inquiry, the process with the coroner and beyond the coroner if we need to, will include a proper examination of all of those issues.”
Chief Commissioner Graham Ashton said police were regularly “frustrated” by offenders being granted bail against their wishes.
READ MORE:
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“As a police commissioner I have to understand that the court is independent of the police … but I’ve also been upfront in saying that I wouldn’t be doing my job if I didn’t reflect that police were often frustrated in relation to keeping people in custody when they are bailed. I’ve made no secret of that, particularly over the past 12 months,” Mr Ashton said.
Police Association secretary Bruce McKenzie said the union’s members and the public had for a long time been concerned about bail laws.
“This appalling tragedy should perhaps be the catalyst for a broad-ranging discussion on bail. The bail situation really needs to be tightened up,” he said.
“Sometimes, it’s tragic events like this that manage to get change.”
Mr McKenzie said replacing bail justices with on-call magistrates must be considered. He said the association’s longstanding opposition to minding excessive numbers of prisoners was not at odds with fewer bail releases, and public safety should come first.
“Let’s worry about where they go as a secondary measure,” Mr McKenzie said.
Opposition Leader Matthew Guy offered his support to work with the government to toughen the state’s bail laws, adding that the tragedy had “changed our city forever”.
“The bail system in our state is broken. The bail system needs to be fundamentally reformed,” Mr Guy said.
“Today is not the day to talk about any individual or any other people involved in that system, but I will say this very clearly: the state Opposition will work with the government, the police, the Law Institute of Victoria, to get reform to our bail system.
“How this person could have been on our streets is beyond us. The police themselves tried to keep him behind bars.”
State Coroner Sara Hinchey yesterday said she would immediately begin an investigation into the tragedy, which would include how Mr Gargasoulas was on bail.
“This tragic incident is extremely complex and will require detailed scrutiny,” Judge Hinchey said.
WHEN THE JUSTICE SYSTEM FAILED
Sean Price was on bail when he fatally stabbed 17-year-old schoolgirl Masa Vukotic 49 times and raped another woman.
Adrian Bailey was on parole when he raped and murdered Jill Meagher.
Steven James Hunter fatally stabbed and bashed Sarah Cafferkey, 22, in Bacchus Marsh — 11 days after completing parole for other violent crimes.
David Patrick Clifford was on parole for drug trafficking when he violently bashed, stabbed and fatally strangled Elsa Corp, 26.
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