Ex-detainee Masi Ayiik fights for freedom after police shooting
A freed Sudanese-born immigration detainee shot by police after allegedly charging at officers with a metal pole will seek bail on Tuesday, as concerns mount over released detainees reoffending.
A Sudanese-born freed immigration detainee who was shot by police over the weekend after allegedly charging at officers with a metal pole will seek a bail application on Tuesday.
Masi Ayiik, 33, appeared before Magistrate Michelle Hodgson at the Melbourne Magistrates’ Court on Monday after being shot by police following reports of an altercation with a woman in Doveton, in Melbourne’s east.
According to police, Mr Ayiik charged at six officers with an A-frame metal pole before chasing them about 30m down Paperbark Street. It’s alleged that officers attempted to subdue him using OC spray, but he broke free and continued to advance.
Fearing for their safety, one officer discharged their firearm, striking Mr Ayiik in the armpit area. Video footage of the incident shows an officer pouring a bucket of water over Mr Ayiik’s head on a nearby nature strip, likely to ease the effects of the OC spray.
The accused was one of the hundreds of former immigration detainees released after a landmark High Court ruling in 2023 found it unconstitutional to indefinitely detain unlawful immigrants. As a result, the total number of detainees freed following the decision has grown to 248.
During a filing hearing on Monday, Mr Ayiik fronted court from the dock wearing a blue checkered dress shirt. He sat comfortably with both his hands resting behind his head as his defence barrister told the court an application for bail would be made.
Magistrate Michelle Hodgson said the matter would be heard on the following day due to time constraints.
“Mr Ayiik, because it’s so late in the day, even if I sat till five O’clock I’m told the matter will not finalise,” she said.
Mr Ayiik responded by saying: “Any idea what’s going to be heard tomorrow?”
Ms Hodgson replied: “Your bail application will be heard tomorrow,” to which he responded: “You sure?”
The accused was remanded in custody overnight to have the application for bail reviewed on Tuesday.
According to charge sheets obtained by the media, Mr Ayiik is facing four charges of resisting arrest, one charge of assault, one charge of common assault and one of reckless conduct.
The court heard that Mr Ayiik may be withdrawing from drug addiction and has a gunshot wound that could require attending to.
Defence barrister Daniel McGlone described the case as “contentious”, saying the accused was a “gentleman” who fell under the landmark High Court decision in 2023 and was handed a visa under strict curfew conditions that required him to wear an ankle bracelet.
Mr Ayiik has become the latest former immigration detainee to be charged since Immigration Minister Tony Burke quietly issued new rules granting himself the power to impose electronic monitoring and curfews on dangerous non-citizens who have been released from detention.
It was Labor’s latest move to put an end to a year of turmoil over the release of immigration detainees.
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