Masi Ayiik: Footage of police shooting of former immigration detainee played in court

Footage of the moment a former immigration detainee was shot by police has been played as he seeks to be released back into the community.

Footage of the moment a former immigration detainee was shot by police has been played in court as new details about the shooting were aired.

Sudanese refugee Masi Ayiik, 33, was shot in the left armpit by police about 10.30am on Saturday after he allegedly chased officers 30m while armed with a metal pole.

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

Masi Ayiik is accused of resisting arrest and assaulting a police officer. Picture: Supplied.

At one point in the hearing, he expressed frustration with his treatment by police, 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?”

Mr Ayiik was freed from indefinite immigration detention in November 2023 following the landmark NZYQ High Court ruling that found the practice was unlawful.

Detective Acting Senior Sergeant Eleanor Vallas told the court that police were called to Mr Ayiik’s sister’s address in Melbourne’s southeast following a triple-0 call about a disturbance.

She said the caller expressed concern after hearing Mr Ayiik and his partner of about 12 months arguing and yelling at each other and a woman crying.

The alleged incident unfolded in Doveton. Picture: Tony Gough.

He is not charged with any offences relating to that alleged conduct, and his partner later told police they were having an “emotionally heated” argument and there was no violence.

“She stated an argument occurred that morning and agreed she could have been perceived to be distressed or upset,” Sergeant Vallas said.

“Mr Ayiik’s partner is very supportive, loves him dearly and wants him to do well in the community.”

Responding to the incident, Sergeant Vallas said Mr Ayiik was allegedly aggressive to two officers and refused access to the property to conduct a welfare check.

After they retreated and called for backup, Mr Ayiik allegedly wrapped his hands with boxing wraps and stated, “If you can put on gloves he can put on gloves too.”

Sergeant Vallas said four more officers arrived and they moved in to arrest Mr Ayik, but he allegedly broke free and picked up a 1m metal A-frame pole.

The officer said three police members deployed capsicum spray with “nil effect” as Mr Ayiik allegedly charged down the street and was shot.

Sergeant Vallas told the court the officers were under the mistaken belief Mr Ayiik was wanted by police at the time of the attempted arrest, but a previous alert had been resolved.

She said, despite this, the officers also believed they had powers to arrest the man because “they felt he was hindering them in the execution of their duties”.

Video captured officers pouring water on Mr Ayiik. Picture: Supplied

At defence lawyer Daniel McGlone’s request, a laptop with body-worn footage was handed up to magistrate Carrie O’Shea, who watched about two minutes of the interaction.

Audio of what appeared to be a scuffle and yelling was heard throughout the room 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 later the same night.

The court was told Mr Ayiik had a prima facie entitlement to bail, but it was opposed by prosecutors who alleged he was an unacceptable risk to police and the wider community.

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

The incident was reviewed by the Professional Standards Command. Picture: NewsWire/Tony Gough

Mr McGlone suggested his client’s alleged behaviour could be linked to an underlying mental health condition.

“He took a dislike to the situation and it escalated from there … there was no reason to behave like that,” he said.

The court was told Mr Ayiik was placed into immigration detention in January 2021 after his visa was cancelled on character grounds.

Sergeant Vallas said he had a 13-page list of Mr Ayik’s prior criminal matters, including rioting, affray, recklessly causing injury, car theft and possessing a drug of dependence.

Notes from Australian Border Force, the officer said, indicated assaults on staff and detainees, handling contraband and a hunger strike in protest of conditions – though no charges were laid.

Mr McGlone told the court those alleged acts occurred prior to the High Court ruling and at a time when his client would have believed he was going to be held in detention indefinitely.

After his release from detention, the court was told, Mr Ayiik was placed on a Class R visa in February last year with conditions of a 10pm to 6am curfew and to wear an electronic monitoring device.

Sergeant Vallas said between December last year and March Mr Ayiik has been charged with 26 breaches of his visa conditions, mostly relating to alleged breaches of curfew.

The bail application was adjourned until Friday at Mr McGlone’s request after he issued a subpoena to Life Without Barriers — a non-profit that offers support services for people in the community.

The defence lawyer is seeking details on what services could be made available for Mr Ayiik if he is freed.

Mr Ayiik will return to court on Friday afternoon for the conclusion of his bail application.

Originally published as Masi Ayiik: Footage of police shooting of former immigration detainee played in court