Victoria Police withdraw charges against foreign detainee one day after arrest

Police now say federal GPS tracking data led to the wrongful arrest and charging of a freed immigration detainee on a sexual assault matter.

Victoria police have dropped sexual assault charges against a foreign detainee. Picture: Supplied

A stunning bungle by Victoria Police led to a freed immigration detainee being wrongly charged with serious sex and stalking offences, sparking a political showdown that dominated federal parliament on the eve of the Dunkley by-election.

Amid farcical scenes in the Melbourne Magistrates Court on Thursday evening, Alfons Pirimapun was told he would be released without charge just one day after he was arrested and accused of stalking one woman and sexually assaulting another in Richmond, in Melbourne’s inner east.

The botched arrest could have serious political ramifications, after the issue dominated parliament on Thursday just two days out from the crucial federal by-election in Dunkley, which Labor holds with a 6.3 per cent margin.

Peter Dutton used the apparent reoffending of another released detainee to attack the Prime Minister for his lack of leadership and pressured him to sack beleaguered Immigration Minister Andrew Giles.

Immigration Minister Andrew Giles during question time at Parliament House this week. Picture: NCA NewsWire / Martin Ollman

The Opposition Leader said Mr Giles had not made a single application to re-detain any of the criminals and warned Australians were being harmed. “When will you show leadership, stop being so weak and sack this minister?” Mr Dutton asked prior to the ­revelation police had arrested the wrong person.

In a humiliating climbdown, police issued a grovelling apology to Mr Pirimapun, one of the 149 people released after the NZYQ ruling in the High Court last year.

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

“On this occasion, 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.”

Victoria Police said GPS tracking data obtained by commonwealth law enforcement agencies, together with CCTV footage, led to them wrongly charging Mr Pirimapun.

Commander Galliot said a ­report of a sexual assault that ­occurred in Richmond was made to police on Tuesday.

“As a result of that report, a male suspect was identified,” he said. “This male suspect is a 44-year-old Richmond resident who was recently a detainee and released as part of a High Court ruling. Given this status, inquires were made with commonwealth law enforcement agencies and GPS tracking data was supplied to the investigators.

“This data placed the 44-year-old male in the vicinity of where these offences occurred, together with CCTV data obtained by the investigators, (and) police subsequently arrested a man last night as part of their ­investigation.”

Commander Galliot said the man denied the offences but the information at hand led investigators to charge him.

“At the time, the investigators felt they had sufficient evidence to charge and remand the male person,” he said.

But Commander Galliot said detectives subsequently identified a different man who they believe was instead involved in the incidents on Thursday.

“As soon as investigators became aware of this issue, they notified the Richmond man’s legal representation and the process has commenced to formerly withdraw the charges and release the person from custody,” he said.

An additional source of embarrassment for the force came when officers confirmed a new suspect remained at large. The hunt for a different man began only after detectives reviewed additional CCTV footage at a property in Richmond, having already charged Mr Pirimapun.

“Detectives today returned to an address in Richmond and identified a man on CCTV who they now believe is the person who was involved in the incidents,” a police spokesperson said.

“That man has not been arrested at this time. The investigation into the two incidents in Richmond remains ongoing.”

Commander Galliot denied arresting and charging the wrong person was a “blunder” and even praised the investigating officers for doing their due diligence after Mr Pirimapun had been arrested and charged with serious offences.

“I wouldn’t say it was a blunder. The investigators had sufficient information to make the arrest,” he said. “Based on the information the investigators had at the time, they made a proper arrest, they made the right decision, it’s through their diligence and the follow-up that they’ve actually uncovered what has ­occurred through this further CCTV footage.

“Yes, there was an error in arresting the person and remanding him and as I said, as soon as we found out about that, we’ve rectified it. We apologise sincerely for what’s occurred.”

Asked if Mr Pirimapun would receive any com­pensation, Commander Gai­­llot said police were focusing on releasing him from custody and would have further conversations after that.

The person police now believe was involved and the former detainee “are very much alike in … race, age, height (and) clothing at the time,” Commander Gaillot said by way of an explanation for the mix-up.

“The quality of the CCTV at the time and better CCTV today and the fact we were able to go to a wider area and actually track this person’s movements satisfied the investigators today that another person was involved and it was not the person who was arrested last night,” he added.

In response to Mr Dutton’s barbs in parliament, the Prime Minister said the opposition was well aware the government was not in a position to defy an order of the High Court and that showing strong leadership was “not asking for responses that would endanger judicial processes”.

“It is appalling the Leader of the Opposition knows that is the case. He knows full well that this is the case,” Mr Albanese said.

At least 24 of the detainees ­released following the NZYQ ruling have reoffended.