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Sydney siege inquest: court not told Monis was on bail at time of alleged assaults – as it happened Sydney siege inquest: court not told Monis was on bail at time of alleged assaults – as it happened
(30 days later)
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With that evidence done for the day, detective senior constable Denise Vavayis from the NSW police sex crimes squad will be back tomorrow for further evidence.With that evidence done for the day, detective senior constable Denise Vavayis from the NSW police sex crimes squad will be back tomorrow for further evidence.
The questions over Man Haron Monis being granted bail are mounting. Today we have learned:The questions over Man Haron Monis being granted bail are mounting. Today we have learned:
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The Director of Public Prosecutions solicitor who did the bail application of Man Haron Monis in October 2014 had never done a bail application before.The Director of Public Prosecutions solicitor who did the bail application of Man Haron Monis in October 2014 had never done a bail application before.
Detective senior constable Denise Vavayis says she did not know that Monis had been on bail when three of his sexual and indecent assault offences were allegedly committed.Detective senior constable Denise Vavayis says she did not know that Monis had been on bail when three of his sexual and indecent assault offences were allegedly committed.
Had we been aware of the overlaps, we would have brought it to the attention of the DPP when seeking bail.Had we been aware of the overlaps, we would have brought it to the attention of the DPP when seeking bail.
The magistrate was not told that Monis had allegedly committed three of the offences while on bail for sending abusive letters to families of dead Australian servicemen. If the court had been told, it is unlikely Monis would have been granted bail.The magistrate was not told that Monis had allegedly committed three of the offences while on bail for sending abusive letters to families of dead Australian servicemen. If the court had been told, it is unlikely Monis would have been granted bail.
Asked if she should have found out and informed the DPP about Monis being on bail, Vavayis responds:Asked if she should have found out and informed the DPP about Monis being on bail, Vavayis responds:
Not necessarily, he was still the DPP solicitor with carriage of the manner, my job in that respect is to provide him with the information I’m aware of. My job is not to make his decisions for him or to be an expert in terms of what he does in the court room, that’s his domain.Not necessarily, he was still the DPP solicitor with carriage of the manner, my job in that respect is to provide him with the information I’m aware of. My job is not to make his decisions for him or to be an expert in terms of what he does in the court room, that’s his domain.
There is a suppression order on the names of the DPP solicitors involved.There is a suppression order on the names of the DPP solicitors involved.
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At least one of Man Haron Monis’s alleged sexual assault victims still believed Monis had mystical powers.At least one of Man Haron Monis’s alleged sexual assault victims still believed Monis had mystical powers.
Detective senior constable Denise Vavayis says the fear of the alleged victims was the core reason for her opposition to Monis’s bail.Detective senior constable Denise Vavayis says the fear of the alleged victims was the core reason for her opposition to Monis’s bail.
She [one of the victims] still held belief he had spiritual powers and could curse people just by knowing them, and may or may not know other people to get in touch with her.She [one of the victims] still held belief he had spiritual powers and could curse people just by knowing them, and may or may not know other people to get in touch with her.
... We made it clear [to the DPP] he had a propensity to track people down.... We made it clear [to the DPP] he had a propensity to track people down.
The barrister asks if the DPP also knew Monis had been in a “spiritual relationship” with a woman whose murder he had allegedly been involved in.The barrister asks if the DPP also knew Monis had been in a “spiritual relationship” with a woman whose murder he had allegedly been involved in.
The DPP was aware of that, yes.The DPP was aware of that, yes.
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Homicide police asked for Monis's bail to be revokedHomicide police asked for Monis's bail to be revoked
Police in charge of the homicide investigation in which Man Haron Monis had been charged with accessory before and after the fact asked that his bail be revoked after he was charged with the sexual and indecent assault offences.Police in charge of the homicide investigation in which Man Haron Monis had been charged with accessory before and after the fact asked that his bail be revoked after he was charged with the sexual and indecent assault offences.
Detective senior constable Denise Vavayis from the NSW police sex crimes squad fought unsuccessfully against Monis being granted bail for the 43 counts of sexual and indecent assault. The charges came a few months after Monis was granted bail on the charge of being an accessory to murder.Detective senior constable Denise Vavayis from the NSW police sex crimes squad fought unsuccessfully against Monis being granted bail for the 43 counts of sexual and indecent assault. The charges came a few months after Monis was granted bail on the charge of being an accessory to murder.
Police in charge of the homicide investigation asked that his bail be revoked after he was charged with the sexual offences, it has just been revealed.Police in charge of the homicide investigation asked that his bail be revoked after he was charged with the sexual offences, it has just been revealed.
Vavayis says she was not told that homicide detectives tried to get his bail revoked at the time.Vavayis says she was not told that homicide detectives tried to get his bail revoked at the time.
Homicide police argued the offences were linked as Monis met the homicide victim and the victims of sexual assault through his spiritual healing business.Homicide police argued the offences were linked as Monis met the homicide victim and the victims of sexual assault through his spiritual healing business.
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Detective senior constable Denise Vavayis has just been asked if in retrospect, should she have made more inquiries about whether Monis was on bail from his commonwealth offences when some of the sexual and indecent assault offences were committed?Detective senior constable Denise Vavayis has just been asked if in retrospect, should she have made more inquiries about whether Monis was on bail from his commonwealth offences when some of the sexual and indecent assault offences were committed?
No. My primary focus in my job is to present to the DPP what our concerns are in relation to bail. Our primary focus was on the fears they [the victims] held and my primary focus was on his behaviour and propensity to violence, it was not on the minute detail of the charges that had gone before.No. My primary focus in my job is to present to the DPP what our concerns are in relation to bail. Our primary focus was on the fears they [the victims] held and my primary focus was on his behaviour and propensity to violence, it was not on the minute detail of the charges that had gone before.
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The counsel for the inquest has finished questioning detective senior constable Denise Vavayis from the NSW police sex crimes squad and she is now being cross-examined by barristers representing other parties.The counsel for the inquest has finished questioning detective senior constable Denise Vavayis from the NSW police sex crimes squad and she is now being cross-examined by barristers representing other parties.
Vavayis is talking about the basis of her opposition to Monis being granted bail for 43 sexual and indecent assaults. She was aware of his commonwealth offences, in which he tracked down families of dead Australian servicemen and wrote them abusive letters.Vavayis is talking about the basis of her opposition to Monis being granted bail for 43 sexual and indecent assaults. She was aware of his commonwealth offences, in which he tracked down families of dead Australian servicemen and wrote them abusive letters.
Vavayis was concerned Monis would track down the alleged victims of his assaults if he was granted bail.Vavayis was concerned Monis would track down the alleged victims of his assaults if he was granted bail.
A lawyer asks: “You thought he was a very clever and devious person?”A lawyer asks: “You thought he was a very clever and devious person?”
Yes.Yes.
“And he had the capacity to be able to get the phone numbers and addresses of complete strangers?”“And he had the capacity to be able to get the phone numbers and addresses of complete strangers?”
Yes, that’s correct.Yes, that’s correct.
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The next couple of weeks of the Sydney siege inquest will focus on why gunman Man Haron Monis was granted bail after being charged with accessory to murder and 43 sexual and indecent assault offences; whether the siege was terrorism; and where Monis got the gun he used during the siege.The next couple of weeks of the Sydney siege inquest will focus on why gunman Man Haron Monis was granted bail after being charged with accessory to murder and 43 sexual and indecent assault offences; whether the siege was terrorism; and where Monis got the gun he used during the siege.
On the first day of the resumption of the inquest, so far we have heard:On the first day of the resumption of the inquest, so far we have heard:
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Denise Vavayis was told the likelihood of Man Haron Monis being refused bail was low and she made sure she included in documentation that police were strongly opposed to him being granted bail.Denise Vavayis was told the likelihood of Man Haron Monis being refused bail was low and she made sure she included in documentation that police were strongly opposed to him being granted bail.
Police brought the 40 further sexual and indecent charges against Monis on 10 October and Vavayis attended the court where Monis was charged.Police brought the 40 further sexual and indecent charges against Monis on 10 October and Vavayis attended the court where Monis was charged.
Police did not oppose bail in court after the DPP had said it was unlikely.Police did not oppose bail in court after the DPP had said it was unlikely.
Vavayis agrees she did not agree with the reasons to grant Monis bail but she understood them.Vavayis agrees she did not agree with the reasons to grant Monis bail but she understood them.
When asked if police acquiesced to the DPP in not opposing bail in court, Vavayis agrees.When asked if police acquiesced to the DPP in not opposing bail in court, Vavayis agrees.
We deferred to their expertise.We deferred to their expertise.
Monis was actually on bail for commonwealth offences when three of the alleged sexual and indecent offences were committed but Vavayis was unaware of it and the court was not told. If the court had been told it is likely Monis would not have been granted bail.Monis was actually on bail for commonwealth offences when three of the alleged sexual and indecent offences were committed but Vavayis was unaware of it and the court was not told. If the court had been told it is likely Monis would not have been granted bail.
When asked why she did not know Monis was on bail when three of the alleged offences were committed Vavayis responds:When asked why she did not know Monis was on bail when three of the alleged offences were committed Vavayis responds:
It’s not usual practice to go back through criminal history looking for bail. The primary focus of my investigation was on the complainants and victim protection for them ... to find out the minute details of a person’s bail is a fairly complex and exhaustive process.It’s not usual practice to go back through criminal history looking for bail. The primary focus of my investigation was on the complainants and victim protection for them ... to find out the minute details of a person’s bail is a fairly complex and exhaustive process.
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Police told concerns for sex assault victims not enough to refuse Monis bailPolice told concerns for sex assault victims not enough to refuse Monis bail
The inquest resumes with detective senior constable Denise Vavayis saying she and her colleagues decided not to pursue an appeal against Man Haron Monis’ bail because she had been told by a DPP officer they did not have a good chance of having the decision overturned.The inquest resumes with detective senior constable Denise Vavayis saying she and her colleagues decided not to pursue an appeal against Man Haron Monis’ bail because she had been told by a DPP officer they did not have a good chance of having the decision overturned.
Vavayis and her colleagues kept investigating Monis and found another alleged six victims of sexual and indecent assault from Monis.Vavayis and her colleagues kept investigating Monis and found another alleged six victims of sexual and indecent assault from Monis.
She discussed laying further charges against Monis with a DPP solicitor and bail came up.She discussed laying further charges against Monis with a DPP solicitor and bail came up.
I made my position and police position very clear, we were against Mr Monis being on bail and certainly being granted further bail.I made my position and police position very clear, we were against Mr Monis being on bail and certainly being granted further bail.
Our primary focus at that time was the safety of the complainants and the fears the complainants had expressed. We opposed bail on nature and seriousness of the offences and the number of offences.Our primary focus at that time was the safety of the complainants and the fears the complainants had expressed. We opposed bail on nature and seriousness of the offences and the number of offences.
We also opposed on the propensity of Mr Monis to track down and harass members of the public.We also opposed on the propensity of Mr Monis to track down and harass members of the public.
Vavayis says she was aware of Monis’ previous offences of writing abusive letters to the families of dead Australian servicemen.Vavayis says she was aware of Monis’ previous offences of writing abusive letters to the families of dead Australian servicemen.
A further 40 sexual and indecent assault offences would be laid.A further 40 sexual and indecent assault offences would be laid.
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Another adjournment, this time for an hour. Detective senior constable Denise Vavayis will return for questioning after the lunch break.Another adjournment, this time for an hour. Detective senior constable Denise Vavayis will return for questioning after the lunch break.
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Detective senior constable Denise Vavayis is being shown emails she sent on 26 May 2014, the date Man Haron Monis was granted bail for three sexual assault offences.Detective senior constable Denise Vavayis is being shown emails she sent on 26 May 2014, the date Man Haron Monis was granted bail for three sexual assault offences.
Vavayis wrote to the Director of Public Prosecutions asking if she could appeal the decision to grant Monis bail.Vavayis wrote to the Director of Public Prosecutions asking if she could appeal the decision to grant Monis bail.
Vavayis was told Monis was on bail for years and did not breach any of the conditions. Vavayis had written she was concerned about the safety of the victim but was told that was not sufficient to refuse Monis bail.Vavayis was told Monis was on bail for years and did not breach any of the conditions. Vavayis had written she was concerned about the safety of the victim but was told that was not sufficient to refuse Monis bail.
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Junior counsel assisting the inquest Sophie Callan calls detective senior constable Denise Vavayis from the NSW police sex crimes squad.Junior counsel assisting the inquest Sophie Callan calls detective senior constable Denise Vavayis from the NSW police sex crimes squad.
Vavayis was working in the sex crime squad when it investigated sexual assault allegations against Man Haron Monis. Vavayis was the officer in charge of the investigation from January to April 2014.Vavayis was working in the sex crime squad when it investigated sexual assault allegations against Man Haron Monis. Vavayis was the officer in charge of the investigation from January to April 2014.
The investigation initially focused on one complainant and Vavayis was involved in the arrest of Monis on three counts of sexual and indecent assault in May 2014.The investigation initially focused on one complainant and Vavayis was involved in the arrest of Monis on three counts of sexual and indecent assault in May 2014.
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We have returned from the adjournment. Jeremy Gormly is formally tendering the evidence which he says includes so many files he cannot count them.We have returned from the adjournment. Jeremy Gormly is formally tendering the evidence which he says includes so many files he cannot count them.
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A diagram of the original gun and a photo of the gun used by Monis is being shown to the inquest. We are not able to display the images on the blog at the moment but it shows how drastically the butt and the barrel of the gun was sawn down. Doing this made the gun smaller and easier to carry in a bag without being noticed.A diagram of the original gun and a photo of the gun used by Monis is being shown to the inquest. We are not able to display the images on the blog at the moment but it shows how drastically the butt and the barrel of the gun was sawn down. Doing this made the gun smaller and easier to carry in a bag without being noticed.
The gun was originally quite a long rifle-type weapon. Looking at the diagram it seems the gun was halved in size.The gun was originally quite a long rifle-type weapon. Looking at the diagram it seems the gun was halved in size.
There is now a 20-minute adjournment.There is now a 20-minute adjournment.
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Jeremy Gormly SC says the gun used by Man Haron Monis in the siege most likely entered Australia “a long time ago” but not illegally, and was used as a farm gun for most of the time.Jeremy Gormly SC says the gun used by Man Haron Monis in the siege most likely entered Australia “a long time ago” but not illegally, and was used as a farm gun for most of the time.
The way it worked was a cartridge is inserted. It doesn’t have a single bullet but numerous small compound balls, maybe dozens, even hundreds, depending on cartridge.The way it worked was a cartridge is inserted. It doesn’t have a single bullet but numerous small compound balls, maybe dozens, even hundreds, depending on cartridge.
One might think it remarkable this gun was made sometime in last century but a feature of guns is it can be used long after manufacturing.One might think it remarkable this gun was made sometime in last century but a feature of guns is it can be used long after manufacturing.
Monis was carrying a "hodge podge" of 23 assorted old shotgun cartridges. The #sydneysiege was a "poorly prepared exercise", inquest hearsMonis was carrying a "hodge podge" of 23 assorted old shotgun cartridges. The #sydneysiege was a "poorly prepared exercise", inquest hears
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It is not known when Monis acquired the gun but it seems to have been fairly recently. There were search warrants carried out at Monis’s house over the years and no gun was found then.It is not known when Monis acquired the gun but it seems to have been fairly recently. There were search warrants carried out at Monis’s house over the years and no gun was found then.
It is likely the gun was from the “grey market”, not the “black market”. The grey market consists of those who hold guns unregistered but for farm, sport or recreational purposes. The black market consists of illegally imported weapons.It is likely the gun was from the “grey market”, not the “black market”. The grey market consists of those who hold guns unregistered but for farm, sport or recreational purposes. The black market consists of illegally imported weapons.
Grey market prices are generally cheaper than black market and in Australia the grey market is quite large and growing, while the black market is quite small in comparison.Grey market prices are generally cheaper than black market and in Australia the grey market is quite large and growing, while the black market is quite small in comparison.
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Gun used by Monis should have been surrendered in '96 buybackGun used by Monis should have been surrendered in '96 buyback
Moving on to the gun.Moving on to the gun.
Jeremy Gormly says the gun Man Haron Monis used during the siege should have been surrendered in the buyback of 1996 to 1998. The gun was one of those that did not get handed in.Jeremy Gormly says the gun Man Haron Monis used during the siege should have been surrendered in the buyback of 1996 to 1998. The gun was one of those that did not get handed in.
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Callan says a psychologist who examined whether Monis was radicalised found he was a man with an insecure or floating sense of self.Callan says a psychologist who examined whether Monis was radicalised found he was a man with an insecure or floating sense of self.
The psychologist notes his behaviour in the siege was not reflective of any detail of an Isis attack.The psychologist notes his behaviour in the siege was not reflective of any detail of an Isis attack.
A committed extremist doesn’t apologise to hostages or seek to justify actions to victims [as Monis did].A committed extremist doesn’t apologise to hostages or seek to justify actions to victims [as Monis did].
The psychologist concluded the siege was more an act of desperation than radicalisation.The psychologist concluded the siege was more an act of desperation than radicalisation.
For a man like Mr Monis with all his mental health problems, the availability of global jihadist and IS rhetoric provides a powerful outlet.For a man like Mr Monis with all his mental health problems, the availability of global jihadist and IS rhetoric provides a powerful outlet.
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A terror attack? Experts split
Michael Safi
There will be evidence from academics and terrorism experts about whether Sydney siege was a terrorist attack. Some argue it was not while others say it was.
Rodger Shanahan, from the Lowy Institute, has argued that Monis’ actions were “different from [past] Islamic-inspired terrorist attacks”. Namely because Monis had no communication with anyone in Isis, carried a generic Islamic flag, and wore a headband more associated with Shia Islam than Isis, who consider Shia Muslims to be heretics. He concluded Monis was “not motivated by political, ideological or religious causes, but rather was someone with mental health issues acting on his own personal grudges”.
Bruce Hoffman, a terrorism expert from Georgetown University, disagrees. He thinks the siege was a textbook terrorist attack, based on the strategic location Monis chose (opposite Channel Seven studios), the political motivations he declared and the fact his actions were “designed to have psychological repercussions” beyond the immediate victims.
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Was the Sydney siege a terrorist attack?
Callan is now talking about whether the Sydney siege was a terrorist event.
whether or not Monis a terrorist, "he made use of terrorist methods, garb and language" #sydneysiege
Callan sais Monis was doing what Islamic State encouraged and endorsed – random acts of violence – but otherwise Monis had not shown any interest in the political goals of Isis. As far as the inquest can find he has made no attempt to contact Isis.
If Monis was a terrorist we need to know what type and what he stood for. If he was not a terrorist the way it was responded to at the time might still be appropriate as it had all the marking of terrorism.
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Sophie Callan reveals that News Corp Australia journalist Charles Miranda has helped provide evidence to the inquest about Monis’s life in Iran. Miranda set out to learn more about Monis’s formative years in Iran after the siege. He will not be called to the inquest but met and spoke with several witnesses.
One described Monis as a managing director of a travel agency in Iran.
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Junior counsel assisting the inquest, Sophie Callan, says the leaders of Sunni and Shia Muslim communities in Australia have given evidence to the inquest but they will not be called.
The grand mufti from the Sunni community observed that Monis’s actions in requiring hostages to raise the Shahada flag has caused despondency in Muslim community. His actions did not reflect Muslim beliefs.
Sheikh Kamal Moselmane, from the Shia community, has also spoken to the inquest. He says the first time he saw or heard of Monis was in a newspaper article. Monis had chained himself to the NSW parliament wearing full sheikh dress. After looking at Monis’s website. Moselmane considered his behaviour was erratic and he seemed to have an amateur knowledge of Islam.
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Jeremy Gormly says if court knew Man Haron Monis had committed three of his alleged 43 sexual assault offences when on bail, he may not have been granted bail.
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It may be that what happened here is the price we pay for having eight jurisdictions instead of one.
Jeremy Gormly is referring to the fact bail laws vary from state to state and territory to territory in Australia.
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Court not told the sexual offences Monis committed when on bail
Monis did not seek bail initially when charged with three sexual assault offences in 2014, but on 22 May a bail application was made.
On 26 May the bail was granted if Monis paid a $1,000 surety.
The bail expert panel has also found there were low prospects of success if police appealed the decision to grant bail.
Monis appeared before court again on 10 October and the bail expert panel has found this hearing could have been handled differently. Police had been investigating if there were further victims of sexual assault by Monis. They charged him with 40 more counts of indecent or sexual assault.
The question of bail for 40 additional assaults was dealt with in a “relatively short fashion”, Jeremy Gormly SC says. The court and Monis’s solicitor agreed he posed an unacceptable risk but that risk could be mitigated with conditions.
The court was not told three of the alleged sex assaults were at a time when he was on bail for sending abusive letters to families of Australian servicemen. It was not known to the DPP officer who appeared. Gormly says had it been known it would have been relevant when considering bail.
Possible this information was in NSW police force but it was in a different area.
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Police sought advice from the DPP about appealing Monis’s 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.
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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 (DPP).
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.
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There are three bail applications in Monis’s history.
Sexual assault was Monis first known criminal behaviour 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 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.
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