‘Get on the ground now’: Audio reveals moment freed immigration detainee Masi Ayiik was shot by police

Details have been aired in court of the wild showdown between police officers and a metal pole-wielding man who had been released from detention following a landmark High Court ruling.

Dramatic audio of the moment a freed immigration detainee was shot by police has been aired in court as he fights to be released on bail for a sixth time.

Masi Ayiik, 33, fronted the Melbourne Magistrates’ Court on Tuesday for the third day in a row after he allegedly charged at an officer with a metal pole on Saturday outside a Doveton home.

It was revealed on Sunday that Mr Ayiik was among hundreds of immigration detainees released in late 2023 following a landmark High Court ruling.

The Lynbrook man has been bailed five times since September and had been out on bail for only nine days when he allegedly ran at the officer, who fired a bullet into his armpit.

Masi Ayiik allegedly charged at an officer with a metal pole in Doveton.

In a test of the state’s new bail laws, Detective Acting Senior Sergeant Eleanor Vallas told the court Mr Ayiik should be remanded in custody as he posed an “unacceptable” risk to community safety.

The court heard police were called to the Paperbark St address on Saturday morning after a neighbour reported a “domestic disturbance”, having heard “banging noises” and yelling.

Sergeant Vallas said the two officers who arrived at the property were verbally abused by Mr Ayiik, who was shirtless and appeared substance affected.

After tensions “escalated”, four more police officers were called to the scene.

Officers then attempted to “physically restrain” him, but when he resisted arrest, they discharged capsicum foam in his face and over his body.

“But it had nil effect,” Sergeant Vallas said.

Officers discharged OC foam at Mr Ayiik before dousing him with water.

The court heard Mr Ayiik then reached into a nearby shopping trolley and allegedly armed himself with a 1m-long metal object.

He then chased one of the officers for 30m.

“Fearing for his own safety, (the officer) turned around and discharged one round from his firearm in the direction of the accused’s chest,” Sergeant Vallas said.

A laptop was handed up to Magistrate Carrie O’Shea to allow her to watch a snippet of the body-worn camera footage from the bench.

Mr Ayiik could be heard in the footage telling officers to “shut the f--k up” and “never come back” to the property.

“I don’t come to your f--king house,” he said.

More than 10 seconds later, loud muffled sounds could be heard.

“Get on the ground. Get on the ground now,” a voice could be heard yelling.

Sergeant Vallas confirmed a gunshot could be heard in the footage when asked by Mr Ayiik’s defence barrister Daniel McGlone.

“You might have better ears than mine,” he replied.

Having watched the footage herself, Ms O’Shea added: “I have better ears than yours too, Mr McGlone.”

Officers at the scene on Paperbark St in Doveton where Mr Ayiik was shot.

The court heard police had attempted to enter the Doveton home, owned by Mr Ayiik’s sister, to ensure the welfare of a woman they believed had been involved in the domestic dispute.

But when an officer donned some gloves, Mr Ayiik produced a pair of boxing hand wraps before stretching and flexing.

“If you’re putting on gloves, I can put on gloves too,” he allegedly said.

Sergeant Vallas said the officers believed they had the power to arrest Mr Ayiik due to an outstanding warrant, but admitted they had misread their system.

He underwent surgery for the deep laceration caused by the bullet before he was charged with reckless conduct endangering serious injury, common assault, assaulting police and four counts of ­resisting police.

But the court heard he has dozens of other charges before the court, including possessing cannabis, drug driving, unlicensed driving, contravening a court order and 26 counts of breaching his visa conditions by failing to remain at his address.

Sergeant Vallas said police were also investigating an alleged assault on Mr Ayiik’s father, involving a machete.

“You cannot fight me, I will give you a hard time,” he allegedly told his father, as he held a machete up to him.

He is also expected to be hit with another six counts of breaching his visa conditions.

Officers were called to the property after a neighbour reported a domestic disturbance.

The court heard he has a lengthy criminal history, including charges of riot and recklessly causing injury, and has previously been jailed.

The Sudan-born man was released from jail in 2016, but detained in early 2021 after his visa was cancelled on character grounds.

But Mr Ayiik was among hundreds of criminals, including murderers and rapists, who were freed after the High Court ruled a stateless Rohingya man, known only as NZYQ and convicted of child sex abuse, could not be indefinitely detained.

He was supported in court by his girlfriend of 12 months as he sat in the dock, flanked by two custody officers.

“I’m always confused when I come into court,” he said early in the proceedings.

“You guys are making it harder for me to be free,” he added.

His girlfriend told police he had been behaving erratically in the last week, “trashing” the property and cutting copper piping out of the walls, leaving them without access to water.

“Mr Ayiik’s partner is very supportive, loves him dearly and wants him to do well in the community,” Mr McGlone said.

Ms O’Shea ordered a “mental health advice and response service” assessment, given there was no evidence before her of Mr Ayiik’s mental health issues.

Mr McGlone also flagged he wanted to cross-examine an employee from Life Without Barriers, the organisation tasked with supporting Mr Ayiik.

The bail application will continue on Friday.