Majid Jamshidi Doukoshkan: Court fails to probe alleged violent detainee’s $5000 promise

Tim Clarke
The Nightly
3 Min Read
As the political fallout from the alleged crimes of Majid Jamshidi Doukoshkan continued on Friday, more details of how and why he was free despite breaching his bridging visa conditions have emerged.
As the political fallout from the alleged crimes of Majid Jamshidi Doukoshkan continued on Friday, more details of how and why he was free despite breaching his bridging visa conditions have emerged. Credit: The Nightly

The freed detainee who allegedly bashed a Perth pensioner was out in the community after promising a magistrate he would cough up $5000 if he failed to next appear in court — without having to show a single document to prove he could pay.

As the political fallout from the alleged crimes of Majid Jamshidi Doukoshkan continued on Friday, more details of how and why he was free despite breaching his bridging visa conditions have emerged.

As first revealed by The Nightly in February, Jamshidi Doukoshkan was accused of repeatedly breaching the curfew imposed on him, following his release last November as part of a contentious High Court decision.

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That led before magistrate Tanya Watt, who was told by Commonwealth prosecutor Kirsty Stynes they did not oppose bail — even though they had concerns about more potential offences.

What Ms Stynes did require however was a “personal undertaking” — a legally binding promise from Mr Doukoshkan that he would return to court. And if not he would be forced to pay up.

Magistrate Watt set that amount at $5000.

But court records show not one inquiry was made in open court about whether the 43-year-old had any serious means to potentially pay that penalty.

He had previously spent years in immigration detention, with no income. After release, the only potential source of funds would be from the Status Resolution Support Service payments, potentially totalling around $670 a fortnight.

The court was also told that Jamshidi Doukoshkan’s partner would not be able to become a surety for him because they were not of “significant means” — and had at one point been left stranded at a restaurant unable to pay the bill.

While sureties need to show the court identification and a means to pay, under the WA Bail Act defendants do not

Prime Minister Anthony Albanese voiced his outrage that Federal prosecutors did not oppose bail.

“That wasn’t a decision of government ... I am just as upset about that decision as you are. I think that lacks common sense,” he told Seven’s Sunrise program on Friday.

“We recognise that community safety is the absolute priority.

“My heart goes out to Ninette, no one should be subject to that sort of violence. It is an outrage that this occurred.”

One of the trio accused of bashing a pensioner in WA is an immigration detainee released after a landmark High Court ruling. Pictured is victim Ninette Simons.
One of the trio accused of bashing a pensioner in WA is an immigration detainee released after a landmark High Court ruling. Pictured is victim Ninette Simons. Credit: WA Police/TheWest

Mr Albanese also took aim at his own government-appointed community protection board, which was set up following the High Court ruling, after it recommended the detainee not be required to wear an ankle bracelet.

“That’s the wrong decision by that board, but they make the decisions independent,” he said.

“The Government has had to deal with the implications of (the High Court case) and the results of that, we’ve been trying to do that, we’ve put in a range of laws ... we want to take as strong an action as possible.”

But opposition foreign spokesman Simon Birmingham said the PM was avoiding owning up to the situation.

“He seems to be completely washing his hands and those of his ministers of any responsibility at all. It’s all somebody else’s fault,” he told Sky News.

“The Prime Minister’s comments today will be seen by many, not least of whom are victims of these released detainees, but by many others across the community to be woefully inadequate, terribly weak and lacking in accountability.”

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