Man, 54, assisting police in alleged sex assault case following High Court ex-detainee bungle

Police have revealed a second man has been arrested, a day after they mistakenly accused a former immigration detainee of sexual assault.

Police have revealed a second man has been arrested in Melbourne one day after apologising and dropping charges against a former immigration detainee mistakenly accused of sexual assault.

On Friday, Victoria Police arrested a 54-year-old Kew man after two women reported alleged stalking and assault in Richmond on Tuesday.

“Melbourne Sexual Offences and Child Abuse Investigation Team detectives have arrested a man this morning following an alleged sexual assault in Richmond,” a spokeswoman said.

“The 54-year-old Kew man is currently assisting police with their enquiries.”

A 44-year-old man had previously spent a night in custody after he was charged over the alleged incidents, before police discovered new CCTV evidence.

The man, who was released from immigration detention after a landmark high court ruling last year, was arrested on Wednesday.

He was charged with offences including assault, sexual assault and stalking, and appeared in the Melbourne Magistrates’ Court on Thursday morning.

But later in the day, Victoria Police said they had begun the process to formally end the charges.

On Thursday afternoon, North West Metro Commander Mark Galliot said police were still piecing all the facts together but new evidence confirmed the man was “not connected with the offending”.

“As soon as we became aware of this issue we have rectified it,” he said.

“With further evidence, it is clear the person arrested is not the offender and for that we are sincerely sorry that this person has been detained.”

North West Metro Commander Mark Galliot apologised for the error.

Commander Galliot said police examined GPS and CCTV data, which had placed the man at the scene.

But when there was a further review of more CCTV, it became apparent that while he was present in the area, he was not connected to the alleged offending.

Commander Galliot said the two men looked “very much alike”, including their race, age, height and clothing at the time.

He said he anticipated an arrest “in due course”.

“An arrest is not far off, I would say,” he said.

Commander Galliot denied it was a “blunder” for police but conceded an error had been made.

“The investigators had sufficient information to make the arrest,” he said.

“Based on the evidence they had, they had sufficient (evidence) to charge that person.

“Based on what was told to the investigators, they then followed up, they’ve done that due diligence … and that’s how this has come about.”

Commander Galliot said the community was safe because it was an isolated incident.

He said it was too early to talk about whether the innocent man would get any compensation.

The man appeared in court on Thursday. Picture: NCA NewsWire / Penny Stephens

The man returned before the Melbourne Magistrates’ Court on Thursday evening where charges were formally withdrawn.

In the landmark NZYQ ruling last November, Australia’s High Court ruled indefinite detention of non-citizens was unlawful when there was no realistic prospect of deportation.

This led to 149 people being released from detention, with many placed on strict conditions, including curfews and electronic monitoring, after emergency legislation was introduced by the government.

Just hours after the man’s arrest, the incident led to debate in federal parliament on Thursday.

Commander Galliot said there had been no communication between Victoria Police and representatives in Canberra about the new development in the case, saying he was solely concerned with the police investigation.