Immigration detainee faces Melbourne crime spree charges

A released detainee was involved in an alleged crime spree that prompted 16 ­charges.

Melbourne Assessment Prison. Picture: Ian Currie

A released immigration detainee was involved in an alleged crime spree in Melbourne’s inner north and west that prompted 16 ­charges, including assaulting an emergency worker and multiple failures to adhere to a bridging visa and electronic monitoring.

Charge sheets show Abdelmoez Mohamed Elawad committed the alleged offences between April 16 and May 12 after being released into the Australian community because of the NZYQ High Court decision, which confirmed that the detention was a form of punishment and could be inflicted on a person by a court only once they were found guilty of a crime. 

The revelations emerged as the Albanese government accused the Administrative Appeals Tribunal of misinterpreting its changes to immigration laws after it cited directions from Immigration Minister Andrew Giles in its decision to release detainee Emmanuel Saki, who has since been charged with murder.

In the Melbourne case, magistrate Michael Gurvich late on Wednesday released details of the charges laid against Elawad, who suffers from schizophrenia and was described by his lawyer Jennaye Dodd as “vulnerable”.

Elawad, whose main address was in Brunswick, 10km north of Melbourne’s CBD, appeared via video link at a Melbourne remand prison, barely spoke during the hearing and was adjourned to reappear on June 20.

The charge sheet shows he was charged with 16 offences starting on April 16 when as a holder of a bridging visa, he failed to comply with demands to remain in a certain spot at a certain time during the day.

He was later charged with several of these offences, including at Footscray in Melbourne’s inner west.
On eight occasions it is alleged that Sudanese-born Elawad, whose age cannot be revealed, failed to be in the right place and at the right time in accordance with his visa, which faces being cancelled.

There were other charges of Elawad having failed to keep his monitoring device in good working order.

On April 21, he was accused of being in a licensed premises with a “dangerous article”, of stealing iced coffee, resisting arrest, assaulting an emergency worker and reckless behaviour towards an emergency worker.

He faces a series of commonwealth and state charges that potentially could lead to his deportation.

It has previously been reported that he had been given bail after being charged with breaching visa conditions.

He also allegedly stole groceries and threatened a police officer with a knife after being released.

The offending, as alleged, came as the Albanese government grappled with the weight of the High Court decision.

The accused was one of about 150 detainees released under the NZYQ High Court decision.

Elawad appeared in court from Melbourne Assessment Prison and required the help of an Arabic interpreter as the magistrate explained how his case would be adjourned until June 20.

Each major decision was relayed to Elawad via interpreter; he barely blinked during the proceedings.

Ms Dodd for Elawad said the High Court in August could have implications for the remandee.

She said that Elawad was a schizophrenic and a vulnerable prisoner.

“There is a matter in the High Court that could affect this outcome,’’ Ms Dodd told the court.

Elawad was released in November last year following the High Court judgment that deemed indefinite immigration detention illegal.

He was one of several of the released detainees to have been caught allegedly committing crimes. Of the matters he faces, four are federal and one relates to Victoria Police.

Elawad, who has short hair, a short beard and is of slim build, barely spoke during the proceedings, only acknowledging with a “yes” that he could hear the court proceedings.