An immigration detainee who was freed following a landmark High Court ruling has faced court over the alleged bashing of an elderly couple during a home invasion.
The alleged incident happened in the Perth suburb of Girrawheen about 7pm on April 16.
It has now been revealed that one of the accused had his ankle monitor removed in March following advice from the Albanese government’s board of experts.
Over the weekend, police arrested four people, including Majid Jamshidi Doukoshkan, 43, who was one of the immigration detainees released from detention.
He appeared in Joondalup Magistrates Court on Monday charged with aggravated home burglary, assault, detaining someone, robbery and impersonating a public officer.
He was remanded in custody to face court again on June 10.
Prime Minister Anthony Albanese has pushed the government to make court applications to lock up the worst offenders released as a part of 2023’s landmark High Court decision to make indefinite detention unlawful.
“I’m not going to refer to the specifics of this individual case, but as a Commonwealth minister, I can’t do anything to change what state courts decide to do with regards to bail,” Home Affairs Minister O’Neil said on Sunrise earlier today.
Court records, as reported by The Age, showed the man had been fitted with an ankle monitor when he was charged over multiple curfew breaches in February.
Commonwealth lawyers did not oppose bail when Mr Doukoshkan faced a Perth magistrate on February 20.
West Australian Premier Roger Cook says he is seeking answers as to why Mr Doukoshkan had his ankle monitor removed and has questioned officials over the exact number of former detainees in the WA community.
“That represented an opportunity to bring him back into custody,” he said.
The alleged gruesome attack resulted in 73-year-old Ninette Simons, requiring hospitalisation because her injuries were so severe.
She was at home with her husband Philip Simons, 76, when police allege three people knocked on the door pretending to be police officers.
Police claim that Mr Simons opened the door, then was immediately pushed to the ground and had his hands bound behind his back.
Ms Simons was held to the ground and punched in the face several times causing her to lose consciousness, police said.
It has been alleged he group and their co-offender stole more than $200,000 worth of jewellery and other items before they fled the home on foot.
Mr Doukoshkan was one of the detainees released from Yongah Hill Detention Centre in Perth last November.
A High Court ruling found it was illegal for detainees who could not be deported to be detained indefinitely and he was released into the community with dozens of other detainees.
On March 22, a court order that required Mr Doukoshkan to remain at a fixed address was discontinued after it had been in place for about one month.
Detectives and officers from the Tactical Response Group, executed several search warrants in Nollamara.
During the search of a house on Newhaven Way, police allegedly located handcuffs, a WA Police badge wallet and a WA Police brim hat.
Several items of jewellery were also allegedly recovered.
A 38-year-old man and a 24-year-old woman were arrested at the home.
The 38-year-old man was charged with a number of offences relating to the alleged aggravated home burglary.
About 4.40pm on Sunday, another search warrant was executed on Bangalla Place in Balcatta where a 48-year-old woman was arrested upon entry.
Police will allege the woman drove three men to and from the Girrawheen home on the night of the incident.
A short time later, about 5.30pm, a 43-year-old man was arrested during the execution of a search warrant on Cape St in Osborne Park. Jewellery was allegedly recovered at the home and he was subsequently charged too.
As a result of an extensive investigation, several other people were also charged with related offences.
Detective Inspector Gary Butler said the incident had caused enormous stress and anxiety to the couple.
He commended the couple for their bravery in coming forward and telling their story.
“It has been of the utmost importance for us to bring these individuals to court to help the peace of mind for Ninette and Philip, and allow them to go home,” he said.
“Life will never be the same for them and our work does not stop here while we seek justice for this (alleged) horrific offending.
“They have not been home yet and are not eating, we hope with ongoing support that bringing these people to justice will help bring them some form of closure.”
Police are still looking for another person who they allege was involved in the home invasion.
“Impersonating police officers is taken very seriously,” Mr Butler said.
“Don’t open your doors for a badge, open your doors for police identification.
“This violent crime was just outrageous. We have brought two of our three (alleged) offenders before the courts and are actively continuing our investigations.
“Anyone who thinks they can get away with committing a violent crime, think again, because we are damn good at our jobs and we don’t sleep and we get our crooks.”
WA Liberal leader Libby Mettam said Premier Roger Cook had failed on his promise that the detainees in the WA community would be closely monitored by police.
Speaking on Sky News, Ms Mettam said every Western Australian should be outraged by what transpired and that people had a right to know how the detainees were being monitored in the community.
She said Prime Minister Anthony Albanese also owed the Simons family and the broader community an apology.
“This government has failed to ensure that the community has been safe from detainees who we know were a risk to the community,” she said.
An Australian Border Force spokesperson said the Department of Home Affairs was aware that an individual who holds a Bridging Visa R was arrested by WA Police on April 28.
“The safety and security of the community remains the absolute priority for the Australian Border Force and Department of Home Affairs, and we will continue to work closely with our state and territory partners,” the spokesperson said.
Inquiries are ongoing and one alleged offender remains outstanding.
Detectives urge anyone with information to contact Crime Stoppers.