Former immigration detainee ‘wrongly charged’ with sex assault and stalking after ‘misidentification’

Charges laid against a sex-offending former immigration detainee have been dropped by Victorian Police after an embarrassing concession that they arrested the wrong person.

Police arrested a 44-year-old man on Wednesday night, one of more than 140 released from detention after a controversial High Court ruling, after he was alleged to have committed two offences on Tuesday in Victoria.

A police spokesperson told media that the man, previously convicted of sex offences, assaulted one woman while stalking another in Richmond.

But on Thursday Victoria Police reached out to the man’s legal representation to formally withdraw the charges.

“Police have since notified the Richmond man’s legal representation and the process has commenced to formally withdraw the charges,” a Victorian Police spokesperson confirmed.

“Detectives today returned to an address in Richmond and identified a man on CCTV who they now believe is the person who was involved in the incidents,” the spokesperson said.

It comes after several politicians and the Australian Border Force said they had been made aware a former detainee had been taken into custody.

On Thursday the former detainee was hauled before Melbourne Magistrates Court, where he did not apply for bail, after being interviewed by specialist sexual offence detectives.

But the magistrate formally struck out the charges saying it appeared to be a case of “misidentification”.

The 44-year-old was reportedly subject to an ankle bracelet and strict curfew conditions after he was granted freedom following the High Court NZYQ ruling.

The man’s visa had previously been cancelled as a result of his historical convictions before he was placed into detention, media reports said.

Immigration Minister Andrew Giles said he could not comment on individual cases but referred to reports stating the man was subject to electronic monitoring, a curfew and other visa conditions.

He learned of the man’s arrest on Wednesday evening.

“Because of the strict visa conditions, including reporting requirements and electronic monitoring for many, the location of every individual in this cohort is known,” Mr Giles told Parliament.

“Unlike some of those opposite, I have complete faith, I have complete faith in our law enforcement officials’ ability to keep us safe. And they are working around the clock to do just that.

“I will not comment on any individual case, because I will not risk prejudicing any court proceedings. I will not risk prejudicing any court proceedings.”

The man was among those with cancelled visas released by the landmark High Court ruling in November that determined indefinite immigration detention with no prospect of deportation was unconstitutional.

Since their release, 26 of them have been charged by police for various alleged offences around the country, including breaching the strict conditions of their new visas.

The Government rushed through emergency laws in the wake of the court ruling to set up a new regime of preventative detention or supervision orders, but it is yet to apply for a court to impose these on any of the former detainees.

Documents tabled in parliament showed that 72 of the former detainees had been convicted of violent crimes.

Another 37 had convictions for sexual offences including against children, 16 for domestic violence and stalking, 13 for serious drug offences and seven for murder or attempted murder.

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