Freed immigration detainee fronts court accused of bashing man, 62, in Footscray

A former immigration detainee freed under a High Court decision has been charged over an alleged assault which has left a man fighting for life and “unlikely to survive”.

A former immigration ­detainee freed under a High Court decision has been charged over an alleged brutal Footscray assault which left a man fighting for life.

The homicide squad is investigating the attack, which unfolded at the intersection of Nicholson and Paisley streets at 10am on Sunday.

The victim, 62-year-old Footscray man Dominic O’Brien, was taken to hospital with critical injuries which the court heard he was “unlikely to survive”.

Police later arrested a 43-year-old Yarraville man, Lominja Friday Yokoju, who has been charged with intentionally causing injury.

Dominic O’Brien, 62, was left fighting for life after the horror attack.

Lominja Friday Yokoju has been charged over the alleged assault. Picture: Ian Munro/ The West Australian

Prosecutors in November last year dropped charges against Mr Yokoju and other former detainees – dubbed the NZYQ cohort – over allegedly breaching their ankle monitoring and curfew conditions.

It is understood Mr Yokoju was on a bridging visa at the time of his arrest.

He is accused of approaching Mr O’Brien and engaging in a brief conversation before striking him and stomping on his head as he lay on the ground.

The court heard he had been put on life support, was “yet to stabilise” and was “unlikely to survive”.

Mr Yokoju was disruptive during the court hearing, frequently yelling interruptions.

He was among seven former immigration detainees whose criminal charges for breaching strict visa conditions were dropped in November last year.

The move followed a High Court ruling that ankle monitors and curfews were unconstitutional because they infringed on a person’s “liberty and bodily integrity”.

Mr Yokoju is one of seven former immigration detainees whose criminal charges for breaching strict visa conditions were dropped following a High Court ruling.

Home Affairs and Immigration Minister Tony Burke in February announced that at least three members of the NZYQ cohort would be resettled in Nauru with long-term visas.

One of the detainees, an Iranian man who is a convicted wife killer, recently lost a Federal Court battle to halt his deportation but is expected to appeal.

Federal opposition home affairs spokesman Andrew Hastie said the Footscray incident was a massive community safety failure.

Mr Hastie said the alleged attack was exactly the kind of scenario the Coalition sought to prevent when the parliament rushed through preventive detention powers for the NZYQ cohort 18 months ago.

“This is another preventable tragedy,” Mr Hastie said.

Mr Burke said: “The government’s principle is clear — if your visa is cancelled you should leave immediately”.

It was reported in 2023 that Mr Yokoju, originally from Zimbabwe, was jailed for a year over a domestic violence offence he says he did not commit, despite pleading guilty to it.

After serving his time, his permanent residency was revoked and he was taken to detention, where he remained for six years.

He said he felt both happy and angry over his release under the NZYQ decision.

“The racism has to stop,” he said. “It’s not supposed to happen, let it go. I did my time – seven times over. I’ve seen white people go to prison for drugs, spend a few months there and then get out. Everybody else goes to hell.”

One man who was working on Sunday at Footscray’s ­Maples Cafe – just metres away from where the incident unfolded – said while it was confronting, it was nothing out of the ordinary for the inner-west suburb.

“I saw a man lying down on the street with blood covering his face, and then the ambulance took him away,” he said. “It is Footscray, it’s just a normal thing around here.”

In an image supplied to the Herald Sun, Mr O’Brien could be seen lying on his side on the footpath as two paramedics treated him.

The worker said it was unclear whether Mr O’Brien and Mr Yokoju were known to one another.

Another local shopkeeper agreed, saying: “This happens all the time and nothing is done about it.”

A third said Maribyrnong City Council had recently increased security patrols in the area, but not enough to ensure public safety.

Mr Yokoju is due to return to Melbourne Magistrates’ Court for a committal hearing on October 20.

Originally published as Freed immigration detainee fronts court accused of bashing man, 62, in Footscray