Victorian police chief says they knew that Bourke St attacker Shire Ali’s passport was cancelled

Victoria’s police chief admits crucial information about Shire Ali was received, contradicting statements by the Attorney-General.

Victoria’s police chief Graham Ashton has revealed his organisation would have known that the Bourke St attacker’s passport had been cancelled. Picture: AAP

Victoria’s top cop has revealed the organisation would have been aware that the Bourke Street terrorist’s passport had been cancelled through its role in counter-terrorism activities with federal agencies.

Comments this morning by Victoria Police Chief Commissioner Graham Ashton on 3AW radio — that “we were as aware as federal agencies on that” — are at odds with Victorian Attorney-General Martin Pakula’s insistence on Friday that information about Hassan Khalif Shire Ali’s passport having been cancelled had not been conveyed to Victoria Police.

Mr Ashton also confirmed that he withheld information about Shire Ali being on bail when he was asked directly at a press conference on the evening of November 9 attack that left one man dead and two injured.

Shire Ali, 30, was shot by police after he drove into Melbourne’s city centre and set his ute filled with gas bottles alight and attacked bystanders indiscriminately with a knife.

Shire Ali attacks police on Bourke St.

“I was certainly aware there was a possibility he was on bail because I think we had a court date but it was all pretty sketchy information,” Mr Ashton said, admitting it was an “oversight on my part” that he wasn’t upfront on that when asked by a reporter.

Mr Ashton also revealed that Labor Premier Daniel Andrews was briefed on the offender’s bail status over the weekend — most likely Saturday morning — but that he had not told the Opposition.

While Mr Ashton denied withholding information for political reasons, news of Shire Ali’s bail status — issued at a roadside by a police officer in relation to driving offences — as well as confusion over who knew what about his passport cancellation, has the government heading into the final election week facing scrutiny over what more could have been done to prevent the attack.

As reported in today’s The Australian, ASIO and the Department of Home Affairs have issued statements indicating that crucial information regarding Shire Ali’s passport cancellation would have been passed on to state authorities as a matter of course.

His passport was cancelled after ASIO judged that he was planning to travel to Syria to join Islamic State.

Victorian Attorney-General Martin Pakula. Picture: AAP

Premier grilled on Pakula’s statement

Asked why Mr Pakula had made comments which contradict those of Mr Ashton, ASIO and the Department of Home Affairs, that information about Shire Ali’s passport cancellation was passed on to Victoria Police, Premier Daniel Andrews claimed Mr Pakula had “accounted for that matter very, very clearly,” in his public statements.

“I’ve not, neither has the Attorney, no member of my team has been seeking to make political capital out of this tragedy, nor have we been critical of any of the agencies involved,” Mr Andrews said.

“They do very difficult work, and I’ve got nothing but praise for them.

“Also, can I say, in my experience, and I’d be completely confident that coming out of the terrible events of Bourke Street there will be that important process to look back, see whether there are any new learnings, any improvements, any changes that can be made, and that speaks volumes for what I know to be the case.”

Pressed again on Mr Pakula’s direct contradiction of national security agencies and Mr Ashton, Mr Andrews said: “If you’re seeking to put it to me that any member of our team has been critical of those national security agencies, can I say to you with the greatest of respect, that’s simply wrong.”

The Premier praised Mr Ashton as the best-equipped police officer in Australia on counter-terrorism, and said he had “nothing but respect” for ASIO Director-General Duncan Lewis.

Asked whether Shire Ali’s passport cancellation should have been on the Victoria Police LEAP database, Mr Andrews said there was always room for improvement.

Mr Andrews said he had first found out that Shire Ali was on bail on the Saturday morning after the Friday Bourke Street terror attack.

“I’d refer you to the extensive comments that the Chief Commissioner’s made. I think the Attorney’s been out speaking about this again this morning,” he said.

“I obviously don’t go into matters that are the subject of discussions of cabinet committees, but I don’t make announcements about operational matters. That’s rightfully the important job of the Chief Commissioner.”

Victorian Premier Daniel Andrews. Picture: AAP

Asked whether the opposition should have been informed that Shire Ali was on bail, given the caretaker period during the election, Mr Andrews said he had phoned Opposition Leader Matthew Guy himself over the matter, but said the operational briefing was the responsibility of Victoria Police.

“Let me just take you through the events of that evening. We had a terrible incident very late in the afternoon. I was made aware of it literally as it was happening. I then made my way to my 1 Treasury Place office,” Mr Andrews said.

“Not long after arriving and having received the very first of my briefings, I rang the Leader of the Opposition myself, to make sure for my own sense of certainty that he was getting everything he needed.

“I reiterated to him that I’d spoken to the secretary of my department, and I had asked the secretary of my department and through him Vic Pol to keep the Leader of the Opposition fully briefed.

“Whatever he needed, he should feel free to ask and get. That was my expectation. I rang him, so the notion that anything other than a strict adherence to the caretaker conventions has been observed, I just don’t think is right or fair.”

Asked whose job it should have been to inform the opposition about Shire Ali’s bail situation, Mr Andrews said it was an “operational matter”.

“It’s not my right, nor would it be my responsibility, nor would it be appropriate if I was the person who was out briefing people on those deeply operational matters,” he said.

“That can be very sensitive and from time to time it could even put people’s lives at risk. That’s the job of Victoria Police.”

Shire Ali’s criminal history revealed

Mr Pakula jumped to the defence of Victoria Police on Friday after it emerged that Shire Ali, who had a history of minor offending, was on bail at the time of the attack.

“The fact that his passport had been cancelled had not been conveyed to Victoria Police,” Mr Pakula said.

“So frankly, it is a big leap to say that in those circumstances, police ought to have sought to remand him in custody for driving offences. It is just entirely uncommon.”

Mr Ashton said Victoria Police, as a member of the joint counter-terrorism strike team, would have been aware of the cancellation: “Certainly, in relation to passport cancellations, we’re as aware as the federal agencies”.

He said he was waiting on details as to what the police member knew about this at the time he issued bail. He said that it was unlikely that passport cancellations were recorded on the Police’s LEAP database, however Shire Ali was flagged as a Person of Interest (POI) in relation to terrorism.

“It wouldn’t have affected whether he got bail or not,” he said. “Being a POI is not a criminal offence.”