Immigration detainee shot by police will remain behind bars

A former immigration detainee who allegedly charged at police with a metal pole will remain behind bars after a Melbourne magistrate prioritised community safety under the state’s new bail laws.

A former immigration detainee who was shot by police after allegedly charging at them with a metal pole will remain behind bars because of the risk he poses to the community.

Masi Ayiik, 33, fronted Melbourne Magistrates’ Court on Friday via video link from custody, after he was accused of attacking officers with a metal pole outside a Doveton home on Saturday.

In a test of the state’s new bail laws, Magistrate Carrie O’Shea found Mr Ayiik posed “unacceptable risk” to community safety and would remain in custody.

“My Ayiik’s behaviour in the presence of multiple police officers shows a complete recklessness and disregard for his own safety, and the safety of police and other members of the public,” she said.

“There is a significant risk the applicant will repeat this type of offending, and should this risk become reality, the consequences would be significant.”

Mr Ayiik will remain in custody after allegedly charging at police with a metal pole.

Mr Ayiik is among hundreds of immigration detainees released in late 2023 following a landmark High Court ruling which found they could not be held in indefinite detention.

The court earlier heard the Lynbrook man had been bailed five times since September and was released on bail just nine days before he allegedly charged at police, who opened fire in return.

Mr Ayiik was shot in the armpit and underwent surgery before he appeared in court.

Police had attempted to enter the Doveton home on Paperbark St, owned by Mr Ayiik’s sister, to ensure the welfare of a woman they believed had been involved in the domestic dispute.

After they arrived at the property, police said they found Mr Ayiik shirtless and seemingly substance affected.

Ms O’Shea noted the accused’s “bizarre” and “dysregulated” behaviour in her remarks.

“His behaviour during the alleged offending and his dysregulated behaviour in court suggests he may have a mental illness.”

Police at the scene in Paperbark St where Mr Ayiik was shot. Picture: Tony Gough.

However, Ms O’Shea revealed that Mr Ayiik refused to undertake a mental health assessment and she could therefore not consider this as a “special vulnerability”.

The court also heard from an employee from Life Without Barriers, the not-for-profit organisation tasked with supporting Mr Ayiik.

Ms O’Shea was not satisfied their support was enough to keep the accused and community safe.

“While I accept there are supports in place … they were in place at the time of this incident and have been insufficient to prevent further offending.

On Tuesday, the court heard he has dozens of other charges before the court, including possessing cannabis, drug driving, unlicensed driving, contravening a court order and 26 counts of breaching his visa conditions by failing to remain at his address.

He is also expected to be hit with another six counts of breaching his visa conditions.

Mr Ayiik was supported by his girlfriend of 12 months, who cried into her hands when he was denied bail.

The case will return to court in June.

Originally published as Immigration detainee shot by police will remain behind bars