Majid Jamshidi Doukoshkan: Commonwealth prosecutor expressed concerns about granting ex-detainee bail

Rebecca Le May
The Nightly
4 Min Read
Majid Jamshidi Doukoshkan: Commonwealth prosecutor expressed concerns about granting ex-detainee bail
Majid Jamshidi Doukoshkan: Commonwealth prosecutor expressed concerns about granting ex-detainee bail Credit: The Nightly

The Commonwealth prosecutor who didn’t oppose bail for a man released from immigration detention — now accused of taking part in a Girrawheen grandmother’s brutal bashing — raised concerns over his release.

Majid Jamshidi Doukoshkan was one of 152 people released from immigration detention after a landmark High Court ruling left the Albanese Government scrambling to bring in emergency laws to keep an eye on them.

Curfews and ankle bracelet monitoring conditions were among more than a dozen slapped on the Kuwait-born man, who faced Perth Magistrates Court in February charged with two counts of failing to comply with a requirement of monitoring conditions.

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The Nightly exclusively reported his bail release at the time and its granting this week exploded in a finger-pointing blame game over the brutal April 16 home invasion and robbery that left Ninette Simons, 73, with severe facial injuries.

Home Affairs Minister Clare O’Neil was accused of lying, having attributed the bail release to “a bunch of decisions that were made by State courts”.

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

Labor insiders wrongly asserted that Commonwealth prosecutors did indeed oppose his release — even including it in media talking points circulated to MPs, with Communications Minister Michelle Rowland repeating the claim live on TV after relying on the notes.

But a transcript of the February 20 hearing released on Thursday bolsters The Nightly’s initial reports, showing Commonwealth prosecutor Kirsty Stynes expressed concerns about Mr Jamshidi Doukoshkan’s release — but then still allowed it to happen.

“The prosecution does have some concerns in relation to the accused committing further offences, in particular in relation to abiding by his curfew,” she said.

Noting him repeatedly breaching his immigration detention release conditions, Ms Stynes — without giving further explanation — said the Commonwealth “do not oppose bail with a personal undertaking being imposed”.

“I want to make it very well known to the accused that that’s the position of the Commonwealth today, but further breaches may not have the same response in terms of attitude towards bail,” she went on to say.

Majid Jamshidi Doukoshkan - who has been charged over the Girrawheen home invasion
Majid Jamshidi Doukoshkan - who has been charged over the Girrawheen home invasion Credit: Facebook/Supplied

Magistrate Tanya Watt replied: “The Commonwealth is being very generous today, because quite frankly if they didn’t consent to the release of you on bail, I wouldn’t be bailing you”.

“You will be back in custody if you keep breaching this curfew. And it’s silly, because you are being monitored. The monitoring equipment is going to show what time you leave and what time you get back.”

But he was not being GPS tracked at the time of the alleged attack on Ms Simons and her husband Phillip because the Commonwealth’s own protection board had advised it was not necessary.

Under the curfew conditions verbally expressed to Mr Jamshidi Doukoshkan on November 20, he was told to reside at his home from 10pm-6am and wear electronic monitoring.

But on February 9, he left home at 10.01pm and returned at 12.08am. Two days later, he left at 12.40am and returned at 1.24am. He then left again at 4.22am and “didn’t return”.

On February 12, authorities told him his excuses for breaches were “not good” and later that month told him to recharge the battery on his ankle bracelet as its power was low.

After he changed address, his battery was flat and Australian Federal Police attended, re-advising him of his electronic monitoring obligations.

He said he was aware of the requirements and was not charged until after February 18, when he left home at 11.33pm and returned at 12.13am.

He then departed again at 5.52am and returned at 7.58am.

At 2.15pm that same day, the AFP tried to interview him but he declined to take part.

“In terms of the actual offences themselves, he doesn’t wish to provide an explanation, mainly because he doesn’t wish to provide an excuse,” defence counsel Stacey Byrne said.

He was released after paying a $5000 personal bail undertaking and is scheduled to next face court on April 5.

But that didn’t happen because the charges were dropped on March 22 due to a visa bungle by the Federal Government.

After the two charges were discontinued, Mr Jamshidi Doukoshkan was caught trespassing and driving with an expired licence.

He was fined $300 and $100 respectively in Perth Magistrates Court on April 10. He also had to pay costs of $141.50.

He fronted Joondalup Courthouse on Monday over the Girrahawheen offences, did not apply for bail, was remanded into custody and is next due to face court on June 10.

Mr Jamshidi Doukoshkan has been charged with: detaining another with intent to gain a benefit; aggravated robbery; impersonating and attending as a public officer; unlawful assault causing bodily harm with circumstances of aggravation; and aggravated home burglary.

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