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Fourth arrested detainee released under landmark NZYQ ruling fronts court

Abdelmoez Mohamed Elawad will remain behind bars until early next year after being charged with failing to comply with curfew and theft.

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The fourth immigration detainee arrested after being freed by a landmark High Court ruling will remain behind bars on remand until early next year after being charged with failing to comply with curfew and stealing a suitcase with contents worth $5000.

Abdelmoez Mohamed Elawad appeared before the Melbourne Magistrates Court on Thursday afternoon, dressed in a white T-shirt and flanked by security guards.

The Australian Federal Police arrested the Sudanese-born man at a Melbourne hotel a day prior for allegedly breaching his commonwealth visa and stealing from a traveller who was sleeping at a terminal at Melbourne Airport.

“The accused at Melbourne Airport on 1 December 2023 did steal a yellow suitcase and its contents being property belonging to Sulian Lamezec and valued at $5000,” the charge sheet said.

The document also said that “being the holder of a Subclass 070 Briding (Removal Pending) visa, and the visa was subject to a condition requiring the accused to remain, between 2200 hrs and 0600hrs daily, at particular address … did fail to comply with the requirement of the condition.”

Magistrate Tara Hartnett was told that Mr Elawad is a diagnosed schizophrenic, requires medication for HIV and suffers from diabetes, high cholesterol and high blood pressure.

She noted his list of health issues and advised he be seen by the Victorian Institute of Forensic Mental Health and a nurse.

Abdelmoez Mohamed Elawad, 45, appeared before the Melbourne Magistrate's Court on Thursday afternoon. Picture: NCA NewsWire / Penny Stephens
Abdelmoez Mohamed Elawad, 45, appeared before the Melbourne Magistrate's Court on Thursday afternoon. Picture: NCA NewsWire / Penny Stephens

“You are a person with a diagnosed psychiatric illness, have a serious medical condition together with cholesterol and diabetes,” she said.

“I note there is no application for bail being made today.”

An interpreter was required to explain the proceedings to the accused.

Mr Elawad was remanded into custody and is scheduled to appear before the Broadmeadows Magistrates Court on January 10.

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He is among the five people who have been arrested since being released from indefinite detention.

Former detainees freed include Emran Dad, a pedophile who is alleged to have made contact with a juvenile, Aliyawar Yawari who police claim indecently assaulted a woman in a motel in Adelaide, and Mohammed Ali Nadari, who was found guilty for drug possession on Monday.

Minister for Home Affairs of Australia Clare O'Neil. Picture: NCA NewsWire / Martin Ollman
Minister for Home Affairs of Australia Clare O'Neil. Picture: NCA NewsWire / Martin Ollman

Former Sudanese child soldier William Yekrop became the fifth former detainee to be arrested on Thursday.

Police in Queensland found Mr Yekrop after he was connected to an outstanding warrant.

Mr Elwad and Mr Yekrop’s arrest comes after Labor’s preventive detention laws were rushed through parliament.

A total of 148 people were allowed back into the after the NZYQ ruling in November.

Tricia Rivera
Tricia RiveraJournalist

Tricia Rivera is a reporter at the Melbourne bureau of The Australian. She joined the paper after completing News Corp Australia's national cadet program with stints in the national broadsheet's Sydney and Brisbane newsrooms.

Original URL: https://www.theaustralian.com.au/nation/fourth-arrested-detainee-released-under-landmark-nzyq-ruling-fronts-court/news-story/c5488fa3d9c6a095ce1fe1b797d40594