Detainee criminal charges dropped

Prosecutors have dropped criminal charges against former immigration detainees released following the landmark NZYQ ruling for breaching their ankle monitoring and curfew conditions.

The High Court of Australia in Canberra. Picture: NCA NewsWire / Martin Ollman

Prosecutors have dropped criminal charges against former immigration detainees released following the landmark NZYQ ruling for breaching their ankle monitoring and curfew conditions, after the High Court ruled this week that the requirements were unconstitutional.

Australian Federal Police officers withdrew charges against at least seven former detainees who had been released into the community on bridging visas with strict security conditions in the Melbourne Magistrates Court on Friday, as authorities walked back the Albanese government’s surveillance regimen.

After the nation’s highest court ruled on Wednesday that the curfew and monitoring conditions imposed on an Eritrean-born man, known as YBFZ, were punitive and unjustifiable, Magistrate Belinda Franjic ordered that the AFP should bear the costs of striking out the charges.

Among the 224 dangerous non-citizens released under the NZYQ decision to front the court on Friday was Abdelmoez Mohamed Elawad, who racked up more than 208 criminal charges including 18 convictions for possessing weapons and a string of violent assaults.

“The order is that the accused’s costs for proceedings be paid by the chief commissioner of the Australian Federal Police, with the quantum to be agreed between the parties and in default of the agreement the matter is to be decided by the cost court,” Magistrate Franjic said.

Freed Detainee Abdelmouz Mohamed Elawad photographed on the steets of Melbourne. Picture: Mohammad Alfares / The Australian

Former detainee South Sudan-born Joseph Deng Cinwel, 38, who also had a violent and extensive criminal record, also had bail-related charges against him dropped on Friday but did not appear in court. Another member of the cohort, Lominja Friday Yokoju, appeared via videolink, telling the court “yes your honour, I understand” when asked if he understood the charges against him had been withdrawn.

The Commonwealth Director of Public Prosecutions, which has been enforcing the visa conditions the government imposed on the NZYQ cohort through the courts, confirmed the charges had been withdrawn following the latest High Court decision.

“Following the High Court of Australia’s decision … the office of the Director of Public Prosecutions (Cth) reviewed all prosecutions for Migration Act 1958 (Cth) offences relating to breaches of the two relevant visa conditions (curfew and electronic monitoring),” a spokesman said.

“The prosecutions you have referred to were withdrawn having applied the prosecution policy of the commonwealth.”

Also facing court on Friday to have visa condition-related charges withdrawn were free detainees Saad Kasem Eltaena, Angelo Zakaria Chol, Naimatullah Safdar Ali and Nestor Rodriguez.

As the political fallout from the High Court decision continued, Anthony Albanese dismissed criticism new legislation introduced to allow the surveillance of freed detainees to continue was likely to be struck down by a fresh legal challenge.

The Prime Minister shrugged off concerns from leading constitutional experts about the legislation tabled on Thursday.

Attempting to deflect criticism from Labor over its latest defeat in a High Court, Mr Albanese said the focus should be on if the Coalition would support the legislation which will also empower the government to deport foreigners to a third country.

“Lawyers have lots of opinions, and lawyers obviously had opinions about how legislation before the High Court made the decision that they did,” he said.

“I think the real question (is) … will the Coalition support our legislation and make our third country removal powers more effective, I hope that they do.”

After Home Affairs and Immigration Minister Tony Burke implemented regulations and introduced legislation to the parliament the day after the YBFZ ruling, Mr Albanese declined to reveal any details on which countries the government would approach to take the unlawful non-citizens under a “reception arrangement”.

The Australian understands the government had agreed to hold a parliamentary inquiry scrutinising the legislation after the Coalition pushed for the legislation to be examined before it can pass the parliament.

Opposition immigration spokesman Dan Tehan said Mr Albanese should admit that because of his “incompetence there are now 224 hardened criminals free in the community without any ankle bracelets or curfews, putting safety at risk”.

“At every turn Anthony Albanese has put the Australian public’s safety at risk,” he said.