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| Sydney siege inquest resumes with a blame game over gunman's bail application – rolling report | Sydney siege inquest resumes with a blame game over gunman's bail application – rolling report |
| (35 minutes later) | |
| 11.25am AEST02:25 | |
| A new witness in the stand now, a solicitor with the DPP. I’m checking whether they can be named. | |
| 10.57am AEST01:57 | 10.57am AEST01:57 |
| This has been a bruising exchange, but Vavayis has maintained her composure (not surprising, really, for an officer with the sex crimes unit). | This has been a bruising exchange, but Vavayis has maintained her composure (not surprising, really, for an officer with the sex crimes unit). |
| “At the end of the day you cannot arrest for the purposes of re-determining bail,” she says. “[Monis] was already on bail, he was complying with that bail, he was in attendance for every court date he was required to be at. | “At the end of the day you cannot arrest for the purposes of re-determining bail,” she says. “[Monis] was already on bail, he was complying with that bail, he was in attendance for every court date he was required to be at. |
| “We would be heavily criticised and potentially deemed as an unlawful arrest if we had arrested him under those circumstance,” she says. | “We would be heavily criticised and potentially deemed as an unlawful arrest if we had arrested him under those circumstance,” she says. |
| What this boils down to, ultimately, is the difference between the laws on the books and procedures and conventions that police actually follow. There’s a gap there, and Monis slipped through it. | What this boils down to, ultimately, is the difference between the laws on the books and procedures and conventions that police actually follow. There’s a gap there, and Monis slipped through it. |
| Updated at 10.58am AEST | Updated at 10.58am AEST |
| 10.51am AEST01:51 | 10.51am AEST01:51 |
| Here’s Vavayis full explanation for why Monis wasn’t arrested in October 2014 after being charged with an additional 40 sex offences: | Here’s Vavayis full explanation for why Monis wasn’t arrested in October 2014 after being charged with an additional 40 sex offences: |
| As I said, Mr Monis was already on bail, we had been dealing with his legal representatives for some time, he had complied with his bail conditions. All of that put together goes towards a police position that we are not lawfully able to arrest, as our policies say the least restrictive method is to be used. | As I said, Mr Monis was already on bail, we had been dealing with his legal representatives for some time, he had complied with his bail conditions. All of that put together goes towards a police position that we are not lawfully able to arrest, as our policies say the least restrictive method is to be used. |
| Now the DPP’s barrister goes in hard. | Now the DPP’s barrister goes in hard. |
| If police had genuinely had the concerns that are outlined in those paragraphs at the end of the police fact sheet ... police would have done something ensure Mr Monis did not appear before the court in a situation where he wasn’t bail refused. | If police had genuinely had the concerns that are outlined in those paragraphs at the end of the police fact sheet ... police would have done something ensure Mr Monis did not appear before the court in a situation where he wasn’t bail refused. |
| “That is incorrect,” Vavayis says. | “That is incorrect,” Vavayis says. |
| 10.46am AEST01:46 | 10.46am AEST01:46 |
| The DPP’s lawyer begs to differ, pointing to a section of legislation that would have allowed police to arrest Monis “because of the nature and seriousness of the offence”. So why wasn’t he arrested? Why was he just issued a future court attendance notice? | The DPP’s lawyer begs to differ, pointing to a section of legislation that would have allowed police to arrest Monis “because of the nature and seriousness of the offence”. So why wasn’t he arrested? Why was he just issued a future court attendance notice? |
| “It is part of 99(1) but it is not as clear cut as that and it wasn’t in this investigation,” Vavayis says. | “It is part of 99(1) but it is not as clear cut as that and it wasn’t in this investigation,” Vavayis says. |
| “Mr Monis had already been on bail, he was complying with those conditions, he hadn’t not attended court before.” | “Mr Monis had already been on bail, he was complying with those conditions, he hadn’t not attended court before.” |
| 10.41am AEST01:41 | 10.41am AEST01:41 |
| Now we’re hearing that in May 2014, when Monis was first charged with sex offences - and granted bail - the police were told that if Monis was arrested by police on further charges then his bail could be refused. | Now we’re hearing that in May 2014, when Monis was first charged with sex offences - and granted bail - the police were told that if Monis was arrested by police on further charges then his bail could be refused. |
| In October, Monis was charged with an additional 40 sex offences, but never arrested. The DPP’s barrister asks: why? | In October, Monis was charged with an additional 40 sex offences, but never arrested. The DPP’s barrister asks: why? |
| “We cannot arrest people without a lawful reason for arrest, and there didn’t exist one in this case,” Vavayis says. | “We cannot arrest people without a lawful reason for arrest, and there didn’t exist one in this case,” Vavayis says. |
| 10.26am AEST01:26 | 10.26am AEST01:26 |
| Remember what I said about that blame game? Denise Vavayis is back on the stand, and she’s talking about her interaction with the DPP solicitor who opposed Monis’ bail application. | Remember what I said about that blame game? Denise Vavayis is back on the stand, and she’s talking about her interaction with the DPP solicitor who opposed Monis’ bail application. |
| She’s told the inquest the DPP solicitor was having “personal difficulties” at the time of the hearing, and was “not at work on a consistent basis”. | She’s told the inquest the DPP solicitor was having “personal difficulties” at the time of the hearing, and was “not at work on a consistent basis”. |
| Vavayis put her concerns to the DPP about Monis being on the street, and asked about the prospects of a successful detention order. The DPP said there was little chance of having Monis’ bail revoked. | Vavayis put her concerns to the DPP about Monis being on the street, and asked about the prospects of a successful detention order. The DPP said there was little chance of having Monis’ bail revoked. |
| Vavayis was unhappy, but made no formal attempt to challenge his assessment. “I communicated that I understood his position but I’d have rathered that Mr Monis not be on bail,” she said. | Vavayis was unhappy, but made no formal attempt to challenge his assessment. “I communicated that I understood his position but I’d have rathered that Mr Monis not be on bail,” she said. |
| 10.17am AEST01:17 | 10.17am AEST01:17 |
| One of the interesting sub-plots to watch today is the burgeoning blame game between the office of the director of public prosecutions and the NSW police. | One of the interesting sub-plots to watch today is the burgeoning blame game between the office of the director of public prosecutions and the NSW police. |
| We heard yesterday that a magistrate considering Man Haron Monis’ bail application in October 2014 was not told that Monis may have broken an earlier bail agreement by committing three counts of sexual assault. | We heard yesterday that a magistrate considering Man Haron Monis’ bail application in October 2014 was not told that Monis may have broken an earlier bail agreement by committing three counts of sexual assault. |
| Whose fault is that? The DPP solicitor (name suppressed) who made the application was a rookie, two months into the job, and had never run that kind of matter before. Strictly speaking, it was his or her job to give the magistrate all the necessary information to keep Monis off the street. | Whose fault is that? The DPP solicitor (name suppressed) who made the application was a rookie, two months into the job, and had never run that kind of matter before. Strictly speaking, it was his or her job to give the magistrate all the necessary information to keep Monis off the street. |
| But we heard yesterday that the police also dropped the ball, never telling the DPP solicitor of Monis’ suspected criminal actions while on bail in 2010. Detective senior constable Denise Vavayis was asked whether she was to blame for that oversight. | But we heard yesterday that the police also dropped the ball, never telling the DPP solicitor of Monis’ suspected criminal actions while on bail in 2010. Detective senior constable Denise Vavayis was asked whether she was to blame for that oversight. |
| 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. |
| It’s a fraught matter. Let’s see how it plays out today. | It’s a fraught matter. Let’s see how it plays out today. |
| 10.01am AEST01:01 | 10.01am AEST01:01 |
| Welcome | Welcome |
| Good morning, we’re back in Sydney for another day of hearings as part of the New South Wales coroner’s inquest into the deaths of Tori Johnson, Katrina Dawson and Man Haron Monis during last December’s siege of the Lindt Cafe. | Good morning, we’re back in Sydney for another day of hearings as part of the New South Wales coroner’s inquest into the deaths of Tori Johnson, Katrina Dawson and Man Haron Monis during last December’s siege of the Lindt Cafe. |
| Missed yesterday? My colleague Bridie Jabour and I are discussing each day’s proceedings in a podcast available here. Take 10 minutes to listen to Monday’s episode. | Missed yesterday? My colleague Bridie Jabour and I are discussing each day’s proceedings in a podcast available here. Take 10 minutes to listen to Monday’s episode. |
| This latest round of hearings was opened yesterday by counsel assisting, Jeremy Gormly SC, and his junior, Sophie Callan. The big story? Monis was granted bail two months before the siege by a magistrate unaware the gunman may have broken an earlier bail agreement by committing three counts of sexual assault. The full story is here. | This latest round of hearings was opened yesterday by counsel assisting, Jeremy Gormly SC, and his junior, Sophie Callan. The big story? Monis was granted bail two months before the siege by a magistrate unaware the gunman may have broken an earlier bail agreement by committing three counts of sexual assault. The full story is here. |
| Check with us throughout the day for updates on today’s evidence. The first witness, up shortly, is detective senior constable Denise Vavayis from the NSW police sex crimes squad. | Check with us throughout the day for updates on today’s evidence. The first witness, up shortly, is detective senior constable Denise Vavayis from the NSW police sex crimes squad. |
| Updated at 10.11am AEST | Updated at 10.11am AEST |