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April 2, 2025
Wednesday 2 April 2025
Marta Pascual Juanola
The Age
A freed immigration detainee who was shot by police in Melbourne’s south-east at the weekend had allegedly breached his visa conditions and court-issued orders more than two dozen times since his release from detention.
Masi Ayiik’s earlier criminal history and persistent alleged visa breaches were revealed during a hearing in the Melbourne Magistrates’ Court on Tuesday morning to decide whether the 33-year-old should be released on bail.
He is facing four counts of resisting arrest, one charge of assault, one charge of common assault, and one count of reckless conduct over the incident at the weekend, where he is alleged to have chased police with a metal pole.
Ayiik, dressed in a blue-check shirt and dark pants, became agitated during the proceedings, telling the court: “You guys are making it harder for me to be free. I’m not going to be listening to you any more.”
The 33-year-old is one of more than 200 former immigration detainees released following a landmark High Court ruling in November 2023 that found it was unconstitutional for the Commonwealth to indefinitely detain a person when there was no prospect of leaving Australia.
Ayiik, whose protection visa was cancelled on character grounds after being sentenced to a prison term for serious offending, was granted a bridging visa subject to strict curfew and electronic monitoring conditions following the ruling.
But the court heard Ayiik had since allegedly breached his obligations on 26 occasions, including two last December, three in January and another 21 between February 3 and March 9. He is also accused of contravening a court order 11 times.
The court heard that the Australian Federal Police was planning to charge Ayiik with another six breaches in March for failing to be at his registered address during curfew hours on five occasions and allowing his electronic monitoring device to go flat.
The court heard concerned neighbours called triple zero to request a welfare check on a woman at a property on Paperbark Street, Doveton, on Saturday morning after hearing yelling and banging coming from the house.
Detective acting Senior Sergeant Eleanor Vallas, from the armed squad, told the court Ayiik had refused to allow the officers into the home and became increasingly confrontational.
She said Ayiik had used a camping chair and other items to block access to the house, wrapped his hands in boxing wraps, and started stretching while making aggressive comments towards the police.
Vallas told the court officers had attempted to restrain Ayiik and had deployed capsicum spray to no avail, before the 33-year-old grabbed a metal pole and charged at police. She said Ayiik chased an officer for about 30 metres before the officer drew out his gun and shot him in the left armpit.
“The accused continued chasing him a few minutes before surrendering and dropping to the ground,” Vallas said. “He was taken to Dandenong Hospital where he underwent surgery for his injuries.”
The Professional Standards Command is investigating the shooting, which is standard practice whenever a police firearm is discharged.
The incident spurred renewed criticism from the opposition over the High Court ruling that released hundreds of people from detention into the community. Opposition national security spokesman James Paterson called the incident a “debacle” for the Labor government. “Of the 300 people that Labor released into the community, hardened criminals, non-citizens, more than 100 have committed new offences, including allegedly the person who approached police violently in Melbourne over the weekend, who was reportedly on bail himself for visa breaches,” Paterson said on Sydney’s 2SM radio.
The court heard Ayiik’s partner had noticed a shift in the 33-year-old’s behaviour over the past week and worried that he could have an undiagnosed mental health condition.
Defence lawyer Daniel McGlone said the court should assess Ayiik for underlying drug and mental health issues, and provide him support.
“This is an opportunity here to provide an intervention,” he said.
Magistrate Carrie O’Shea adjourned the case until Friday, when service provider Life Without Barriers will give evidence on what support they could offer Ayiik.
“So no bail today?” Ayiik asked.
“No bail today,” O’Shea responded before an agitated Ayiik was taken away by custody officers.
The hearing continues.