Sunrise host Natalie Barr has called out Anthony Albanese’s government after it lifted ankle bracelet monitoring and curfew conditions for four former detainees, including a convicted rapist.
The Cuban man, known as XXTC, was thrown behind bars after raping a 19-year-old girl at a party in 2009. The Australian reported.
He was sentenced to four years in prison with a non-parole period of two years and six months, and was placed in immigration detention after his release in 2015.
The man was unable to return to Cuba because of a documentary he made on the plight of his people, leading to him being considered a counter-revolutionary.
Four years later, XTVC was accused of causing harm to a government official while he was detained at a Western Australian immigration center.
He was sentenced to 10 months in prison, and upon his release in 2020, he was detained again.
Following the landmark High Court ruling last November, XTVC was released under strict conditions, including ankle monitoring and a 10pm to 6am curfew.
However, the supervision conditions were lifted on February 7 and the convicted rapist was allowed to move freely for the first time since 2009.
Barr questioned why the rapist was not properly monitored as she confronted Home Secretary Clare O’Neil on Wednesday morning.
“Could you explain to us how this rapist who was sentenced to two years in prison for raping a 19-year-old girl at a party is now free, without ankle bracelet surveillance and without a curfew? she asked Minister O’Neil on Wednesday.
Ms O’Neil said the Community Protection Board provided advice for every inmate released following a High Court ruling last November and that following that advice “was the legally safest way for us to manage these decisions.
Sunrise host Natalie Barr questioned why the convicted rapist was not properly monitored as she confronted Home Secretary Clare O’Neil.
“This is an expert group made up of long-serving former police officers, law enforcement officers, criminologists and psychologists who work to advise the government on what protection should be provided to each individual,” she said.
Barr asked whether the government was bound by the advice or could have intervened and kept an ankle monitor on the convicted rapist.
Ms O’Neil dodged the question and said: “I can’t go into individual cases.”
“So you could have kept the surveillance in place and said, look: we’re the government, we don’t think this is a good idea given this man’s situation and what he’s done?” she says.
“Australia is looking at this morning thinking, wait a second. Australians are trying to understand what’s going on.
Ms O’Neil said her government has put in place alternative ways to protect Australians, including investing $255 million in police and Border Force.
“If I could bring this detention system back, I absolutely would,” she said.
“But the High Court has made a decision and the government must follow the law like any other Australian.”
The High Court ruled indefinite detention illegal last November, leading to the release of 148 detainees.
Some members of the group received criminal convictions, including murder and rape, while others faced less serious charges.
All served their time behind bars before being placed in immigration detention and were subject to ankle monitors and curfews.
Several have since been arrested for violating visa rules.
But they could escape conviction due to a “technical problem” with the issuance of their visas, which has since been rectified.
Opposition spokesman Dan Tehan pressed the minister to explain why the visa issue had not been resolved sooner.
In response, Mr Giles said the problem dates back to 2013 and existed for almost a decade under the previous coalition government.
Labor faces new immigration challenge
It comes as Labor faces another High Court challenge, as an Iranian citizen known as ASF17 makes a legal bid for freedom.
The Albanian government tried to send him back to Iran, but as a bisexual man he faces the death penalty upon his return.
Iran is the only country Australia is trying to send him to even though he is willing to go to another country, his lawyers said in their written submissions to the court.
If the ruling were extended to people detained indefinitely who refuse to cooperate with Australian authorities, the Iranian would be released and more immigrants could be freed.
Immigration Minister Andrew Giles was asked about the issue during Question Time on Monday.
People who have failed to cooperate with their deportation should be prioritized for removal from Australia and, during the process, remain in immigration detention, he said.
“We will vigorously defend this position in the High Court,” Mr Giles said.
If the Commonwealth wins the case, the government will be able to block further releases from immigration detention centers.