Victoria Police apologise after dropping charges against freed immigration detainee Alfons Pirimapun

A convicted sex offender released from immigration detention last year following a High Court ruling has had criminal charges against him dropped after investigators reviewed CCTV footage.

A convicted sex offender released from immigration detention following a landmark High Court ruling has had criminal charges against him withdrawn.

Alfons Pirimapun, 44, was charged on Wednesday with sexual assault, stalking and two counts of unlawful assault following two incidents in Richmond on Tuesday.

But a Victoria Police spokesperson on Thursday said a process had commenced to “formally withdraw the charges”.

They said investigators had returned to an address in Richmond and identified a man on CCTV footage who they “now believe is the person who was involved in the incidents”.

149 detainees were released in the wake of the High Court ruling. Picture: Google

Commander Mark Galliot said inquiries were initally made with Commonwealth law enforcement as part of the Victoria Police investigation.

He said they provided tracking data which put Mr Pirimapun “in the vicinity” of the incidents, with CCTV footage confirming he was in the area.

He was arrested and denied the allegations against him, but Commander Galliot said “at the time” investigators felt there was sufficient evidence to lay charges.

However, a later review of new CCTV footage showed he was not the offender.

Commander Galliot said: “For that, we are sincerely sorry.”

But he denied there had been a blunder.

He said the men looked “very much alike” in race, age, height and clothing.

“I wouldn’t say it was a blunder. The (detectives) have done their due diligence and followed up. That is how (the withdrawal of charges) has come about,” he said.

“They made the right decision.”

On Thursday afternoon, Pirimapun faced the Melbourne Magistrates’ Court where Magistrate Megan Casey formally struck out the charges.

She said it appeared to be a case of “misidentification”.

Pirimapun was released from custody shortly after.

On Friday, a 54-year-old Kew man was arrested by detectives investigating the sexual assault. He is assisting police with their inquiries.

The charges were formally struck out at the Melbourne Magistrates’ Court. Picture: David Crosling

Pirimapun was sentenced to six years’ jail in 2014 after he was found guilty of the horrific rape of a woman on Melbourne Cup day in 2012.

He had watched her through her open bedroom window for about 20 minutes before sneaking into her Fitzroy home.

The woman then woke to find him in her bed, raping her.

Pirimapun fled after his victim’s screams roused housemates, who tried to capture him.

In her sentencing remarks, County Court judge Susan Cohen said Mr Pirimapun’s offending was a “very serious invasion of the victim’s life”.

“Any woman, indeed, any person is entitled to feel secure in her or his own bedroom and bed and to be able to sleep safely at night,” she said.

He was sentenced to 15 months’ jail for “strikingly similar behaviour” years earlier after he broke into the homes of sleeping women on three occasions and sexually assaulted them.

Pirimapun, from West Papua, had been detained after the federal government cancelled his visa due to his criminal convictions.

He was the subject of strict monitoring, including the wearing of an electronic bracelet and curfew conditions, following his release.

An Australian Border Force spokeswoman told the Herald Sun the Department of Home Affairs was aware an individual who was one of the 149 detainees released in the wake of the NZYQ High Court ruling had been charged by Victoria Police.

Early on Thursday, Prime Minister Anthony Albanese said he could not comment on individual cases but assured the public that measures were in place and the Australian Federal Police were monitoring people.

“Any incident is, of course, completely regrettable — any crime by anyone,” Mr Albanese said.

“We have put in place, as a priority, keeping people safe. We’ve done that.”

Mr Albanese said it was the High Court that made the decision about the release of detainees.

“No government can ignore the law and we’re operating on the basis of the law,” he said.

Documents tabled in the Senate earlier this month revealed that 37 of the 149 immigration detainees released into the community were sex offenders.

Six of those have been arrested and charged for breaching their visa conditions, while 18 have been charged by state and territory police.