Victoria Police ‘mistakenly’ told to arrest ex-detainee Masi Ayiik

Sudanese-born former immigration detainee Masi Ayiik has claimed Victorian police are more violent than him, after he was shot in the armpit at the weekend.

A former immigration detainee shot by police had breached his visa conditions dozens of times and had a 13-page criminal history when he allegedly charged at officers with a metal pole, a court has heard.

Sudanese refugee Masi Ayiik returned before the Melbourne Magistrates Court on Tuesday seeking bail on charges including resisting police, assaulting police and reckless conduct endangering serious injury.

The 33-year-old had breached his visa conditions 22 times between February and March this year and has a criminal history that includes rioting, affray, recklessly causing injury, car theft and possessing a drug of dependence.

Former immigration detainee Masi Ayiik.

Mr Ayiik expressed anger before magistrate Carrie O’Shea at his treatment by Victoria Police officers, saying they were “making it hard for me to live my life”.

“Im f..king sick of this … You guys think I’m violent, right? You guys think I’m violent,” he said.

“Don’t you think Victoria Police are more violent than me?”

The accused was one of hundreds of former immigration detainees released after a High Court ruling in 2023 found it unconstitutional to indefinitely detain unlawful immigrants.

The court also heard that at the time of the incident at the weekend, Victoria Police mistakenly believed Mr Ayiik was wanted for arrest before shooting him as he allegedly charged at officers with an A-frame metal pole.

Detective Acting Senior Sergeant Eleanor Vallas told the court police were called to Mr Ayiik’s sister’s address in Doveton following an alleged family ­violence call.

The accused has not been charged with any offences relating to that alleged incident, and his partner later told police they were having a heated argument after she refused to hand over her phone. “She stated an argument occurred that morning and agreed she could have been perceived to be distressed or upset,” Sergeant Vallas said. She said Mr Ayiik had been allegedly aggressive to officers and refused them access to the property to conduct a welfare check.

Masi Ayiik

After they retreated and called for back-up, Mr Ayiik allegedly wrapped his hands with boxing tape and declared “If you can put on gloves, he can put on gloves too”.

Sergeant Vallas said officers were forced to back away from Mr Ayiik, at which point one officer had mistakenly determined that a warrant for his whereabouts was outstanding.

Mr Ayiik allegedly pushed back the officers as they tried to arrest him, leading them to deploy OC spray three times at him with no effect.

The court heard Mr Ayiik then reached behind him, armed himself with a metal pole and ran towards officers before being shot.

Footage of the moment Mr Ayiik was shot was aired in court, but access to the file was not granted to the media.

Audio of what appeared to be a scuffle between him and police was heard before what sounded like a gunshot rang out.

“Get on the ground, get on the ground now,” a male voice yelled before the sound cut out.

Mr Ayiik was treated at the scene and taken to Dandenong Hospital, where he had surgery and was released into police custody the same night.

The court was told Mr Ayiik was entitled to bail but this was strongly opposed by prosecutors, who alleged he posed an unacceptable risk to the wider community and police.

Mr Ayiik was already on five counts of bail, including alleged breaches of his visa curfew and an alleged incident where he was found driving a car unlicensed and under the influence of cannabis and methamphetamine.

Defence barrister Daniel McGlone suggested his client’s alleged threatening behaviour could be linked to an undiagnosed mental health condition and submitted he should be referred to the Court Integrated Services Program for bail support.

The court also heard Mr Ayiik was placed into immigration detention in January 2021 after his visa was cancelled on character grounds after a series of serious offences that dated back to 2014.

During his time in detention, Border Force indicated Mr Ayiik had assaulted staff and detainees and alleged he engaged in a hunger strike protest though no charges were laid.

It was also revealed the Australian Federal Police intend to issue additional charges in relation to breaching visa conditions, which include five charges for breaching curfew and one charge for not maintaining a device in an active state.

Ms O’Shea adjourned the matter until April 4 at the request of Mr McGlone so a full mental health assessment could take place. Advice from Life Without Barriers would be sought.

Mr Ayiik was remanded in custody.