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You can find the current article at its original source at http://www.theguardian.com/australia-news/live/2015/aug/19/sydney-siege-inquest-dpp-and-police-try-to-avoid-blame-for-monis-bail-rolling-report
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| Version 4 | Version 5 |
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| Sydney siege inquest: police feel the heat over Monis bail – rolling report | Sydney siege inquest: police feel the heat over Monis bail – rolling report |
| (35 minutes later) | |
| 12.14pm AEST03:14 | |
| We are back with counsel assisting the inquest Jeremy Gormly SC questioning Detective senior constable Melanie Staples from the homicide squad. | |
| Staples is talking about her unhappiness at Monis being granted bail in 2013 when he was charged with being an accessory to murder. | |
| She is being a very literal witness, not expanding on a single thing she doesn’t have to. | |
| Staples is asked what the DPP solicitor’s reaction to her unhappiness at Monis being granted bail was: | |
| I would have to look at my notes to refresh my memory as to which conversation occurred at which time. | |
| Gormly chooses to move on. Going over her statement to the inquest Gormly notes Staples criticised both the magistrate and the DPP for allowing Monis to go on bail. | |
| [I thought the court] failed to address all aspects of the alibi issued to the court [in relation to the murder], much of the material prepared by police for the hearing was not referred to during the course of the day. | |
| I was referring to a document I prepared outlining how much of the alibi offered had been discredited. | |
| Staples says she was “very disappointed, very upset” when Monis got bail. | |
| Updated at 12.27pm AEST | |
| 11.46am AEST02:46 | 11.46am AEST02:46 |
| We have a brief adjournment until midday. After which we will be getting into the nitty gritty of the homicide’s bid for Man Haron Monis’ bail, now that we have heard from the sex crimes squad. The homicide squad also notified counter-terrorism authorities about Monis after a protest at Lakemba so it will be interesting to hear how much coordination between the two units there was. They were both strongly opposed to Monis being out on bail for his separate charges. | We have a brief adjournment until midday. After which we will be getting into the nitty gritty of the homicide’s bid for Man Haron Monis’ bail, now that we have heard from the sex crimes squad. The homicide squad also notified counter-terrorism authorities about Monis after a protest at Lakemba so it will be interesting to hear how much coordination between the two units there was. They were both strongly opposed to Monis being out on bail for his separate charges. |
| 11.38am AEST02:38 | 11.38am AEST02:38 |
| Detective senior constable Melanie Staples from the homicide squad is now on the proverbial stand. She investigated Man Haron Monis on his charge of being an accessory to murder. | Detective senior constable Melanie Staples from the homicide squad is now on the proverbial stand. She investigated Man Haron Monis on his charge of being an accessory to murder. |
| During the course of her investigation she came across evidence which she passed along to the sex crimes squad which resulted in Monis’ sexual assault charges. | During the course of her investigation she came across evidence which she passed along to the sex crimes squad which resulted in Monis’ sexual assault charges. |
| We’re spending a little time here going through the detail and procedures of referral and the contact sex crimes squad and homicide have with each other. They are on different floors of same building and Staples says you only have contact with each other if you have previously worked together. | We’re spending a little time here going through the detail and procedures of referral and the contact sex crimes squad and homicide have with each other. They are on different floors of same building and Staples says you only have contact with each other if you have previously worked together. |
| 11.18am AEST02:18 | 11.18am AEST02:18 |
| Detective Eugene Stek keeps pointing to the change in bail laws as the reason the police were strong armed into letting Monis walk free on bail. | Detective Eugene Stek keeps pointing to the change in bail laws as the reason the police were strong armed into letting Monis walk free on bail. |
| Asked why he “gave up” in opposing Monis bail, Stek says: | Asked why he “gave up” in opposing Monis bail, Stek says: |
| Because of the law of the time, I agreed [DPP solicitor] was correct in saying opposing bail was futile. | Because of the law of the time, I agreed [DPP solicitor] was correct in saying opposing bail was futile. |
| Could police have done more to oppose bail? | Could police have done more to oppose bail? |
| In hindsight there’s always ways in which to improve and certainly coordinate and put a stronger proposition forward. | In hindsight there’s always ways in which to improve and certainly coordinate and put a stronger proposition forward. |
| So what would Stek have done differently? | So what would Stek have done differently? |
| The confounding factor at the time was Bail Act 2013. | The confounding factor at the time was Bail Act 2013. |
| Detective Eugene Stek says the DPP solicitor could have called him into the witness box to give evidence about his opinion on Monis at the Lakemba protest. | Detective Eugene Stek says the DPP solicitor could have called him into the witness box to give evidence about his opinion on Monis at the Lakemba protest. |
| New South Wales’ bail laws underwent a comprehensive overhaul which was introduced in 2013 and came into effect in 2014. The reform came after a review because the bail act had not been properly updated since the 1970s, instead undergoing a series of amendments which made it confusing. | New South Wales’ bail laws underwent a comprehensive overhaul which was introduced in 2013 and came into effect in 2014. The reform came after a review because the bail act had not been properly updated since the 1970s, instead undergoing a series of amendments which made it confusing. |
| Police have argued the new bail laws made it easier for accused to get bail and Monis’ lawyers put off applying for bail on the sex offences until the laws came into effect. | Police have argued the new bail laws made it easier for accused to get bail and Monis’ lawyers put off applying for bail on the sex offences until the laws came into effect. |
| Stek is accused. | Stek is accused. |
| 10.54am AEST01:54 | 10.54am AEST01:54 |
| Detective Eugene Stek from the sex crime squad has just faced 30 minutes of cross examination from Ian Freckleton QC who is acting for the NSW police. | Detective Eugene Stek from the sex crime squad has just faced 30 minutes of cross examination from Ian Freckleton QC who is acting for the NSW police. |
| He spent quite a time on whether Stek really opposed bail to Monis which Stek is of course adamant about. Police did not officially oppose bail in October when the 37 further sexual offences were brought against Monis after being told by the DPP it was futile. | He spent quite a time on whether Stek really opposed bail to Monis which Stek is of course adamant about. Police did not officially oppose bail in October when the 37 further sexual offences were brought against Monis after being told by the DPP it was futile. |
| Question: if you had genuinely held the views police had expressed, then you would’ve taken a different approach to the question of whether Monis should be arrested, wouldn’t you? (Monis was charged in court after being issued with a notice to appear, rather than arrested). | Question: if you had genuinely held the views police had expressed, then you would’ve taken a different approach to the question of whether Monis should be arrested, wouldn’t you? (Monis was charged in court after being issued with a notice to appear, rather than arrested). |
| Stek: | Stek: |
| I think I’ve already covered the fact of why he wasn’t arrested and we certainly wouldn’t write our opposition to him having bail if we didn’t believe it. | I think I’ve already covered the fact of why he wasn’t arrested and we certainly wouldn’t write our opposition to him having bail if we didn’t believe it. |
| Stek saw footage of Monis protesting in Lakemba and brought it to the attention of the DPP solicitor, verbally, as part of his pitch to have Monis put behind bars. | Stek saw footage of Monis protesting in Lakemba and brought it to the attention of the DPP solicitor, verbally, as part of his pitch to have Monis put behind bars. |
| The sex crimes squad also prepared a report for counter-terrorism authorities. | The sex crimes squad also prepared a report for counter-terrorism authorities. |
| Stek is asked: What was it about the knowledge you had about Mr Monis being seen participating in a political situation that you thought was relevant? | Stek is asked: What was it about the knowledge you had about Mr Monis being seen participating in a political situation that you thought was relevant? |
| I thought it might push him [the solicitor] to agree with our position and oppose bail. | I thought it might push him [the solicitor] to agree with our position and oppose bail. |
| Is it possible you were just mentioning it to [the solicitor] as something to talk about during opportunity you had to talk to him in the corridor? | Is it possible you were just mentioning it to [the solicitor] as something to talk about during opportunity you had to talk to him in the corridor? |
| It was another factor in opposition to bail you introduce as a variable, on the run, as you do. | It was another factor in opposition to bail you introduce as a variable, on the run, as you do. |
| I thought it was better to introduce that than to withhold it, so he can make that determination. | I thought it was better to introduce that than to withhold it, so he can make that determination. |
| But was Monis actually doing something unlawful in the protesting? Stek argues yes, in his opinion he was by “agitating an angry mob” but Freckleton points out there were police at the protest and they did not arrest Monis for inciting riot. | But was Monis actually doing something unlawful in the protesting? Stek argues yes, in his opinion he was by “agitating an angry mob” but Freckleton points out there were police at the protest and they did not arrest Monis for inciting riot. |
| Stek responds: | Stek responds: |
| In my opinion he wasn’t trying to deescalate the mob around him | In my opinion he wasn’t trying to deescalate the mob around him |
| I would’ve been saying [to the DPP] ‘what about this? what about the fact he was doing A, B, C, D in the streets of Lakemba? | I would’ve been saying [to the DPP] ‘what about this? what about the fact he was doing A, B, C, D in the streets of Lakemba? |
| Updated at 11.10am AEST | Updated at 11.10am AEST |
| 10.09am AEST01:09 | 10.09am AEST01:09 |
| Police reported Monis to counter terrorism authorities | Police reported Monis to counter terrorism authorities |
| Man Haron Monis was the subject of two different investigations - by the homicide squad and the sex crimes squad - and both submitted reports to intelligence agencies. | Man Haron Monis was the subject of two different investigations - by the homicide squad and the sex crimes squad - and both submitted reports to intelligence agencies. |
| The intelligence reports were submitted to Australia’s biggest counter terrorism operation after Monis was recognised in footage from community protests in response to the terror raids in the Sydney suburb of Lakemba, the Australian reports here. | The intelligence reports were submitted to Australia’s biggest counter terrorism operation after Monis was recognised in footage from community protests in response to the terror raids in the Sydney suburb of Lakemba, the Australian reports here. |
| The reports were submitted in September, so Monis was brought to the attention of counter terrorism authorities about three months before he took 18 people hostage in the Lindt cafe. | The reports were submitted in September, so Monis was brought to the attention of counter terrorism authorities about three months before he took 18 people hostage in the Lindt cafe. |
| Detective Eugene Stek, from the sex crimes squad, is speaking on the co-ordination between homicide and the sex crimes squad. While sex crimes advised homicide that Monis was at first refused bail in April when he was arrested, there was no single officer co-ordinating the two units’ responses to his bail applications. | Detective Eugene Stek, from the sex crimes squad, is speaking on the co-ordination between homicide and the sex crimes squad. While sex crimes advised homicide that Monis was at first refused bail in April when he was arrested, there was no single officer co-ordinating the two units’ responses to his bail applications. |
| Stek was told it would be “an exercise in futility” by a DPP solicitor to oppose Monis’ bail application in October when a further 37 sexual and indecent assault charges were brought. | Stek was told it would be “an exercise in futility” by a DPP solicitor to oppose Monis’ bail application in October when a further 37 sexual and indecent assault charges were brought. |
| We are back to the major sticking point – Monis committed three of the alleged sexual offences while on bail for sending abusive letters to the families of dead Australian servicemen, a fact that could have affected his bail but was not brought before the court. | We are back to the major sticking point – Monis committed three of the alleged sexual offences while on bail for sending abusive letters to the families of dead Australian servicemen, a fact that could have affected his bail but was not brought before the court. |
| Police and DPP solicitors have both been trying to sidestep the blame. | Police and DPP solicitors have both been trying to sidestep the blame. |
| So back to the questioning of Stek: | So back to the questioning of Stek: |
| You accept that [Monis committing offences while on bail] was missed at the time? | You accept that [Monis committing offences while on bail] was missed at the time? |
| As the information wasn’t readily available, yes I do. | As the information wasn’t readily available, yes I do. |
| You had the information of when the sexual offences occurred? | You had the information of when the sexual offences occurred? |
| Yes. | Yes. |
| You agree you had the dates Monis was on bail [for the Commonwealth offences]? | You agree you had the dates Monis was on bail [for the Commonwealth offences]? |
| Yes. | Yes. |
| You agree you had the material, you just didn’t put it all together? | You agree you had the material, you just didn’t put it all together? |
| Yes. | Yes. |
| Stek emphasises police were always opposed to Monis’ bail. | Stek emphasises police were always opposed to Monis’ bail. |
| Updated at 11.15am AEST | Updated at 11.15am AEST |
| 9.49am AEST00:49 | 9.49am AEST00:49 |
| We resume with detective Eugene Stek from the sex crimes squad continuing his evidence. | We resume with detective Eugene Stek from the sex crimes squad continuing his evidence. |
| When Man Haron Monis was charged with sexual and indecent assault charges in April and then a further 37 in October, was Stek aware he was on bail for accessory to murder? | When Man Haron Monis was charged with sexual and indecent assault charges in April and then a further 37 in October, was Stek aware he was on bail for accessory to murder? |
| I knew there was issues in respect to the bail. I expected homicide issue to be revisisted. | I knew there was issues in respect to the bail. I expected homicide issue to be revisisted. |
| How much did he know about homicide bail issues? | How much did he know about homicide bail issues? |
| I had a general understanding they were unhappy with the fact he was on bail. | I had a general understanding they were unhappy with the fact he was on bail. |
| We heard earlier in the week that the homicide squad had tried to have Monis’ bail revoked when he was charged with the sexual offences, but the application was not succcessful. | We heard earlier in the week that the homicide squad had tried to have Monis’ bail revoked when he was charged with the sexual offences, but the application was not succcessful. |
| Stek says he was not contacted by national security agents about Monis during the bail applications but an intelligence report was submitted to NSW police and Asio. | Stek says he was not contacted by national security agents about Monis during the bail applications but an intelligence report was submitted to NSW police and Asio. |
| Updated at 10.13am AEST | Updated at 10.13am AEST |
| 9.34am AEST00:34 | 9.34am AEST00:34 |
| Welcome. | Welcome. |
| It’s an overcast morning in Sydney and the clouds seem to be rolling over the coroner’s court as well (excuse the laboured metaphor) as the police and the department of public prosecutions try to sidestep blame over why Man Haron Monis was on bail when he took 18 people hostage in the Lindt cafe in Sydney last December. | It’s an overcast morning in Sydney and the clouds seem to be rolling over the coroner’s court as well (excuse the laboured metaphor) as the police and the department of public prosecutions try to sidestep blame over why Man Haron Monis was on bail when he took 18 people hostage in the Lindt cafe in Sydney last December. |
| Police opposed bail from the get go for Monis’ who was on charges of accessory to murder and 43 counts of sexual and indecent assault. There’s no real question around the legality of Monis’ bail but it has been revealed this week Monis was on bail for Commonwealth offences when he allegedly committed three of the offences but it was not revealed in court at any time. This could have constituted a breach of his previous bail conditions and put him behind bars. | Police opposed bail from the get go for Monis’ who was on charges of accessory to murder and 43 counts of sexual and indecent assault. There’s no real question around the legality of Monis’ bail but it has been revealed this week Monis was on bail for Commonwealth offences when he allegedly committed three of the offences but it was not revealed in court at any time. This could have constituted a breach of his previous bail conditions and put him behind bars. |
| The DPP and the police both say it was not revealed because they were not aware of it. So should they have been? And if so, whose responsibility was it? | The DPP and the police both say it was not revealed because they were not aware of it. So should they have been? And if so, whose responsibility was it? |
| The DPP and police have been not-so-subtly trying to shift the blame onto each other over the past two days. | The DPP and police have been not-so-subtly trying to shift the blame onto each other over the past two days. |
| For our 10 minute podcast which analyses the days events go here or subscribe in iTunes by searching “ Sydney siege” (I was home in bed miserable yesterday so my colleague Helen Davidson stepped in with Michael Safi) | For our 10 minute podcast which analyses the days events go here or subscribe in iTunes by searching “ Sydney siege” (I was home in bed miserable yesterday so my colleague Helen Davidson stepped in with Michael Safi) |
| For the report from yesterday, “Monis avoided jail after confusion over sex charges” click here and for the days events as they happened click here. | For the report from yesterday, “Monis avoided jail after confusion over sex charges” click here and for the days events as they happened click here. |