A Perth magistrate seemed to have no idea she was granting bail to one of the 149 detainees released under a controversial High Court ruling last November when the man came before her for a stealing charge in March.
Kimbengere Gosoge, 42, has been arrested twice since his release from Northam’s Yongah Hill Detention Centre five months ago – once for possession of drugs and trespassing and once for the stealing – despite being subject to strict monitoring and curfew requirements.
Yongah Hill Detention Centre.Credit: 9News Perth
Those requirements were the responsibility of the Australian Border Force, but when Gosoge was arrested by WA Police for stealing in the circumstances of aggravation on March 8, officers seemed to be none the wiser as to who he was.
A court transcript obtained by this masthead indicated that, during a breach of bail hearing on March 19 at Joondalup Magistrates Court, neither the WA Police prosecutor nor Magistrate Raelene Johnstone had any idea that Gosoge should have been under strict supervision.
During the proceedings, Johnstone asked: “But why have you been given a case worker? Is that because of a medical condition or in relation to Centrelink or what?”
Gosoge: “No. In relation to my visa.”
Your visa? – Yes.
How long have you been in Australia for? – It was 25, 26 years.
So- sorry. I don’t understand. Why have you got a case worker for your visa? – To help me to settle down and find a job, place to stay, if I need education, all those things I can’t do myself.
The apparent confusion around Gosoge’s conditions raises more concerns about the release of more than 100 detainees last year, after another former Yongah Hill inmate was arrested for the alleged violent assault and robbery of Girrawheen couple Ninette and Philip Simons.
Majid Doukoshkan was released from detention in WA in November alongside Gosoge.
The pair were both required to conform with strict conditions attached to bridging visas, including a requirement to report to Australian Border Force officers, abide by a curfew, and wear ankle monitoring devices.
But that information did not appear to have gone before Johnstone in March, when she granted Gosoge bail, despite the court transcript showing he had also lied about his address to police.
At the hearing, Gosoge claimed he was living in a motel and, despite offering the names and addresses of some friends, none could be contacted to corroborate his claim that he was staying with them.
One of those addresses was just metres away from the home of Ninette and Philip Simons.
Johnstone eventually allowed him to be released under the condition he would report to Mirrabooka Police Station daily, later changed to three times weekly.
Gosoge was arrested again last week, this time for allegedly breaching Commonwealth visa conditions.
Australian Federal Police released details of Gosoge’s arrest just days after the furore over Doukoshkan’s alleged offending.
The AFP claimed Gosoge breached his visa conditions five times between April 26 and May 1. He came before a Midland magistrate last week and did not apply for bail.
He was remanded in cutody and will be back before the court on May 16.
A Border Force spokesperson said they “do not comment on operational matters, nor provide information relating to specific individuals”.
“The safety and security of the community remains the absolute priority for the Australian Border Force (ABF) and Department of Home Affairs,” they said.
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