April 30, 2024
GARY ADSHEAD: Let's have a chat now to Liberal Senator James Paterson, he's also the opposition's Home Affairs Spokesman, Thanks very much for joining us, Senator.
JAMES PATERSON: It's good to be with you.
ADSHEAD: Okay. From your point of view, I mean, over here, there's plenty of questions about this particular man now, charged in relation to this very brutal bashing of this woman. There's plenty of questions, what sort of questions do you have?
PATERSON: Well, first of all, how this was allowed to happen at all? This is a person who shouldn't have been on the streets, shouldn't have been in the community, shouldn't have been posing a danger to Western Australians because this is a person who was lucky to be released at all following the High Court's decision and then apparently, according to media reports today, has been charged with multiple visa breaches and other offences and was granted bail on three separate occasions. Now why hasn't the federal government used the powers that they have under the preventative detention scheme to get this person off the streets and away from the community where he couldn't do any more harm?
ADSHEAD: We can't figure out at this stage whether he was someone subjected to having a ankle tracker on, for example. Do you know?
PATERSON: We don't, all we know is that of the 153 people now released into the community, only half of them still have ankle bracelet on. So it could have been one of those people, or it could be one of those who had been released from that responsibility and were not required to be monitored. But let's remember, Andrew Giles and Clare O'Neil have promised many times that no matter who they are, all of them are being constantly monitored in the in the community. Now if it's true that he committed multiple offences then that’s hardly being constantly monitoring is it?
ADSHEAD: Well, no. And that's what begs the next question. Obviously the courts have made a decision to grant him bail despite breaches, it would appear. But wouldn't that therefore bring about a re-categorisation of this person to take them to a level because he keeps breaching curfew, that he would need to wear some sort of ankle bracelet?
PATERSON: Exactly right. If there are no meaningful consequences for violating the apparently tough visa conditions that are imposed on those people, well, then they will just keep breaching those conditions and they might even escalate their criminality to a degree where they do what this person is alleged to have done. And they shouldn't be able to do that, because in December, the federal Parliament rushed through special laws that allowed the federal government to apply for a preventative detention order that puts someone who is at risk to the community off the streets. Now if multiple breaches of your visa conditions are sufficient grounds for that, then I don't know what is.
ADSHEAD: Can I ask you this question? Is he any different than someone who has served time and been released and gone out and committed another crime? Of course, this was a heinous crime, but is it any different?
PATERSON: Yes. In my view it is different because these people are not Australian citizens. Their visas were cancelled on character grounds because of offences they committed while they were on visas, and therefore they violated the whole contract of coming to Australia as our guest. We are a very generous country. We welcome lots of people. But if you come here and commit a crime, then your visa is cancelled. And the only reason why these people weren't able to be deported is one, because the country of their origin wouldn't take them back, and two, they couldn't be sent to any other third country because the crime they committed was so heinous that no one would accept it. Now it is a real privilege to be in our country, and if you violated that privilege multiple times, then you should be behind bars.
ADSHEAD: Of course, the other issue, because we haven't heard from either of the ministers responsible for these portfolios at this point, is why was Majid Jamshidi Doukoshkan in detention in the first place?
PATERSON: Exactly right. What was his original offence that saw his visa cancelled? Is he one of the seven murderers? We don't know. Is he one of the 37 sex offenders? We don't know. Is he one of the 72 people convicted or charged with assault? We don't know. All we know is it was a sufficiently serious crime to have his visa cancelled, and he would be placed in immigration detention, only to be released following the High Court's decision. So where is Clare O'Neil today? Where is Andrew Giles today? Why aren't they answering questions? Why aren't they being transparent with the public about what's happened here?
ADSHEAD: You said yesterday that they should either resign or be sacked by the Prime Minister. Do you stand by that?
PATERSON: Absolutely. If they can't explain what has happened here, if they can't give the public confidence that this will never be allowed to happen again, if they can't explain why they haven't used the powers that the Parliament has given them, ttheir only honourable option is to resign. And if they refuse to do so, then the Prime Minister's only option is to sack them.
ADSHEAD: The situation of course, is that there is as a couple, Ninette and Philip Simons here, who have been traumatised in such a brutal manner and at the time, and you may not be aware, that at the time that this happened and the police were looking for lead, they released a photograph of Ninette, of the injuries that she suffered. Now we know that someone who has managed to wriggle through the loopholes of the High Court decision. What would you say to Ninette and Phillip Simons if you were talking to them?
PATERSON: Well, I'm sorry about what happened to you Ninette and Phillip. It should never have happened to you. You should be entitled to feel safe in your home. You should never be treated like this by people out in the community. And your government has failed you. And I'm really sorry for that.
ADSHEAD: Okay, so where does this go from here, Senator? As far as you're concerned?
PATERSON: Well, at some point, Clare O'Neil and Andrew Giles will have to show their faces. They can't remain in hiding forever. They'll have to answer for what they have done and what they haven't done here. And the public deserves complete and total transparency. And until they do that, then we're going to keep asking questions because the public is entitled to know.
ADSHEAD: And of course, Peter Dutton, I know this morning has said that his biggest concern is that something like this could happen again. Some level of serious crime could happen again. Well, that's right, isn't it? It could?
PATERSON: Well, we've already had ten former detainees breach their visa conditions. We've had 18 that we know of breach state or territory laws. It's happening all the time. This is the most serious one yet. But there will be more I fear and unless the federal government really gets on top of this and gets these people off the streets.
ADSHEAD: All right, Senator, appreciate your time. Thank you.
PATERSON: Thank you.
ENDS
