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You can find the current article at its original source at http://www.theguardian.com/australia-news/live/2015/aug/17/sydney-siege-inquest-gunmans-bail-to-be-examined-rolling-report
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| Version 1 | Version 2 |
|---|---|
| Sydney siege inquest: gunman's bail to be examined – rolling report | Sydney siege inquest: gunman's bail to be examined – rolling report |
| (35 minutes later) | |
| 11.10am AEST02:10 | |
| Police sought advice from DPP about appealing Monis’ bail. DPP advised there was a low chance an appeal would be successful. | |
| The view of the panel of bail experts who have been reporting to the inquest is that if a review had been pursued the prospects of success of a review were poor. | |
| 11.06am AEST02:06 | |
| Monis was charged with being an accesory to the murder of his wife in November 2013. He was initially denied bail but in December a lengthy application was made by his lawyer. It was opposed by the Director of Public Prosecutions. | |
| Monis was granted bail 12 December 2013, subject to conditions which stipulated he had to pay $10,000 and report every day. His friend paid the $10,000 and that friend will be called to the inquest. He knew Monis in Iran. | |
| 11.04am AEST02:04 | |
| There are three bail applications in Monis’ history. | |
| Sexual assault was Monis first known criminal behaviour in time but wasn’t discovered by legal authorities until many years after it occurred. | |
| From 2002 to 2010 Monis allegedly committed 43 sexual assaults in his spiritual healing business. Those sexual assaults were not known in a provable way until 2014. | |
| The first of his known offences to come to light was sending letters to families of dead Australian servicemen. | |
| He was bailed and during the years he was on bail he appeared to comply with conditions imposed on him including reporting to police each week, residing at a specified address and surrendering his passport. | |
| 10.55am AEST01:55 | |
| Counsel assisting the inquest, Jeremy Gormly SC, says it is not appropriate or feasible to deny bail to every person charged with an offence, not event to everyone charged with a particular offence. | |
| Gormly says the coroner’s court is a court of fact not a court of blame. | |
| He says a court has to decide bail on information put before it so the information put before the court at the time Monis was granted bail has to be examined. | |
| He says there are key questions to be considered: | |
| 10.47am AEST01:47 | |
| Gormly notes that when granting bail, the decision maker must predict the future. Bail laws have been changed since Monis was granted bail after a comprehensive review. It found the old act, dated back to the 70s, had been amended 80 times which led to confusion. | |
| The new act, introduced May 2014, had a new test for bail: the unacceptable risk test. The first step is that the bail authority - police or court - assesses risk that an accused would fail to appear, commit another offence or interfere with a witness or evidence. | |
| If the accused is found to pose an unacceptable risk then it is considered if conditions can be imposed to mitigate the risks. | |
| I gather bail is an issue everywhere it exists, probably because of the inherent need in a bail system to try and assess the unknown future. There are other options in other nations which do not particularly distinguish between accusing someone of an offence and conducting a trial. A system of bail is found in all advanced countries and reflects the rule of law. It’s inconceivable that will would not be some bail system. Still, it does and probably always will cause controversy. Renewed debate is usually triggered by the commission of a violent offence by a person granted bail. Notwithstanding theinherent problems of bail, it’simportant that from time totime the system of bail as itoperates in individual casessuch as this one is reviewed perhaps with a view to improvements. | |
| 10.40am AEST01:40 | |
| When the siege occurred Mr Monis was on bail, obviously his actions at every step of the seem were contrary to his bail obligations. If he were not on bail he can’t have been able to carry out the siege, it’s the way it may seem. But seekingout the detail of what happened with bail, and it’s proven a difficult task, shows that however straightforward it may seem it simply isn’t. The bail story of Mr Monis is long and complex, and the narrative has to be followed in some detail to see what happened. | |
| Jeremy Gormly SC, counsel assisting the inquest | |
| 10.37am AEST01:37 | 10.37am AEST01:37 |
| Jeremy Gormly SC says this segment will deal with five topics: | Jeremy Gormly SC says this segment will deal with five topics: |
| 10.32am AEST01:32 | 10.32am AEST01:32 |
| Jeremy Gormly SC is now delivering his open address. | Jeremy Gormly SC is now delivering his open address. |
| He says the last segment, likely to be undertaken next year and where hostages will give evidence, could run between six and eight weeks. | He says the last segment, likely to be undertaken next year and where hostages will give evidence, could run between six and eight weeks. |
| He says during the closed segment, later this year, Asio officers will give evidence. | He says during the closed segment, later this year, Asio officers will give evidence. |
| 10.30am AEST01:30 | 10.30am AEST01:30 |
| A criminologist will give evidence later in the week about how changes to bail laws may affect other aspects of the criminal justice system. | A criminologist will give evidence later in the week about how changes to bail laws may affect other aspects of the criminal justice system. |
| It’s important to acknowledge this [inquiry into Monis being given bail] is being taken with benefit of hindsight, none of those involved could have been able to foresee events so terrible as the Lindt cafe siege. | It’s important to acknowledge this [inquiry into Monis being given bail] is being taken with benefit of hindsight, none of those involved could have been able to foresee events so terrible as the Lindt cafe siege. |
| 10.27am AEST01:27 | 10.27am AEST01:27 |
| Last month investigators spent time in Canberra examining documents on Man Haron Monis held by intelligence agencies. | Last month investigators spent time in Canberra examining documents on Man Haron Monis held by intelligence agencies. |
| Because of national security issues the next segment of the inquest will be held in a closed court. | Because of national security issues the next segment of the inquest will be held in a closed court. |
| 10.26am AEST01:26 | 10.26am AEST01:26 |
| NSW coroner Michael Barnes opens the resumption of the inquest saying a “mountain” of evidence has been gathered to examine if the deaths of Katrina Dawson, Tori Johnson and Man Haron Monis could have been avoided. | NSW coroner Michael Barnes opens the resumption of the inquest saying a “mountain” of evidence has been gathered to examine if the deaths of Katrina Dawson, Tori Johnson and Man Haron Monis could have been avoided. |
| This will be the last public segment before the last segment next year Barnes says, the decision was made to make the next segments private after taking in thought and feelings of Johnson and Dawson’s families as well as the other hostages. | This will be the last public segment before the last segment next year Barnes says, the decision was made to make the next segments private after taking in thought and feelings of Johnson and Dawson’s families as well as the other hostages. |
| 1,000 hours of CCTV and 200 hours of television broadcast have been viewed as part of this investigation. | 1,000 hours of CCTV and 200 hours of television broadcast have been viewed as part of this investigation. |
| Investigators have obtained panes of glasses that match the glass in the Lindt cafe as well as furniture that matches the chairs and tables in the cafe to undertake ballistic tests. | Investigators have obtained panes of glasses that match the glass in the Lindt cafe as well as furniture that matches the chairs and tables in the cafe to undertake ballistic tests. |
| 5,000 hours of man work have gone into the investigation so far Barnes says. | 5,000 hours of man work have gone into the investigation so far Barnes says. |
| 9.59am AEST00:59 | 9.59am AEST00:59 |
| This morning we will hear the opening address from Jeremy Gormly SC, who is the counsel assisting the inquest. He will lay out the evidence we will hear over the next two weeks. | This morning we will hear the opening address from Jeremy Gormly SC, who is the counsel assisting the inquest. He will lay out the evidence we will hear over the next two weeks. |
| After his address four police officers will give evidence. They are: | After his address four police officers will give evidence. They are: |
| The start of the inquest has been slightly delayed and will begin at 10.15am. | The start of the inquest has been slightly delayed and will begin at 10.15am. |
| Updated at 10.20am AEST | Updated at 10.20am AEST |
| 9.31am AEST00:31 | 9.31am AEST00:31 |
| Good morning, today you join us as the Sydney siege inquest resumes. In May and June the inquest heard about who Man Haron Monis was from people who had contact with him in the last few years of his life. | Good morning, today you join us as the Sydney siege inquest resumes. In May and June the inquest heard about who Man Haron Monis was from people who had contact with him in the last few years of his life. |
| This portion of the inquest will focus on why Monis was granted bail when he was charged with being an accessory to murder and 43 counts of sexual assault. | This portion of the inquest will focus on why Monis was granted bail when he was charged with being an accessory to murder and 43 counts of sexual assault. |
| There’s been a battle in the past few weeks as the director of public prosecutions tried to keep documents relating to Monis’s bail secret. The New South Wales coroner Michael Barnes has granted the application, but some documents have been released, including one that shows when police asked for the decision to bail Monis to be approved, DPP staff said they were about to go on Christmas holidays. | There’s been a battle in the past few weeks as the director of public prosecutions tried to keep documents relating to Monis’s bail secret. The New South Wales coroner Michael Barnes has granted the application, but some documents have been released, including one that shows when police asked for the decision to bail Monis to be approved, DPP staff said they were about to go on Christmas holidays. |
| Here are all the vital questions the inquest will set out to answer and here is what we have heard from the hostages already. | Here are all the vital questions the inquest will set out to answer and here is what we have heard from the hostages already. |
| Updated at 10.20am AEST | Updated at 10.20am AEST |