Court orders Federal Government to cease detaining man at Melbourne immigration centre due to coronavirus

The Federal Court of Australia has ruled a man in his 60s must no longer be held at an immigration detention facility in Melbourne’s north due to the risk of him contracting coronavirus.

On Monday, Justice Bernard Murphy made an interim order to Minister for Home Affairs Peter Dutton to cease detaining the 68-year-old man at the Melbourne Immigration Transit Accommodation (MITA) centre in Broadmeadows.

While the final hearing of the case has not been heard, the court was satisfied the man’s current detention at MITA could be in breach of the Department of Home Affair’s duty of care.

Justice Murphy’s reasons for the order will be handed down later this week.

Where the man is moved to is at the discretion of the Mr Dutton.

The man and his lawyers must be given 24 hours notice of where he is to be moved to, which may be appealed.

Principal solicitor at the Asylum Seeker Resource Centre, Carolyn Graydon, said it was the “first significant court decision” addressing the Federal Government’s duty of care to people in immigration detention at high risk of contracting COVID-19.

Peter Dutton looks into the distance with two Australian flags behind him
Home Affairs Minister Peter Dutton will decide where the man stays after leaving MITA.(ABC News: Marco Catalano)

She said the decision “would be applicable to other detainees who have pre-existing health vulnerabilities or other features like their age, which would put them at risk of coronavirus”.

The man must be moved from MITA by Wednesday into alternative accommodation.

“They could release him into community detention, on a bridging visa, transfer him to an alterative palace of detention like the Mantra Hotel [in Preston], or detention interstate,” Mr Grayson said.

Ms Grayson said the man being released on a bridging visa would be a “perfectly viable, immediate, cost-effective answer to this problem”.

The man’s lawyer, Sanmati Verma, said the court’s decision made it clear the Federal Government was unable to ensure the safety of vulnerable people such as her client in detention.

“There is a clear solution to the situation, which has been implemented in the US, UK and Europe, but not in Australia – which is to release vulnerable people into the community, where they can be safe,” she said.

Ms Verma said it was not a case of what health measures were not in place in detention facilities.

“The nature of a closed detention environment means it’s a hotbed for the transmission of Covid,” she said.

“There’s almost very little that can be done to prevent Covid from entering and spreading.

“Things like shared ventilation, coming and going of staff, staff being out in the community subject to high rates of community transmission.

Ms Verma said the man had a family in Melbourne he could stay with who were Australian citizens.

“He could return to them and be taken care of and kept safe by his family members,” she said.

The man was detained late last year after spending nine years in Australia on a bridging visa.

He was detained after an “adverse assessment” was made against him, Ms Verma said, about his overseas business practices 15 years ago.

“This ruling means nothing other than what’s been conclusively found by public health experts, which is to say, people in prison, people in detention centres, people who are vulnerable to Covid in those settings really ought not be there,” Ms Verma said.

“How to reconcile that public health reality with long-term policy decisions that Government’s have to make is the real difficulty.”

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Man Utd told they’re only third best team left in Europa League last eight

Manchester United have been labelled as the third best team in the Europa League campaign by former Inter Milan Andreas Brehme.

The Red Devils face Copenhagen in the last eight competition as they look to award competition for the second time in four years.

Ole Gunnar Solskjaer’s easily saw off Austrian side LASK in the last round and are brimming with confidence after an impressive 2020 that has seen them return to Europe’s top table.

But Inter Milan and German side Bayer Leverkusen have been side by the two surrounding sides by Brehme.

Man Utd have been put below two sides on the pecking order

“I have no doubt, for me it’s Inter,” he told Gazzetta dello Sport . “The Nerazzurri are a great team, although Bayer Leverkusen are strong and have an excellent forward like Havertz, but Conte’s squad takes the lead.

“I’d say, whoever wins this game has a great chance of raising the Europa League [trophy]. The semi-final against either Shakhtar Donetsk or Basel is winnable.

“On the other side of the bracket, I think Manchester United will qualify for the finals. But both Inter and Bayer are stronger than the English club.”

Inter and Leverkusen will come up against each other meaning one of the leading lights will be knocked out.

Kai Havertz Bayer Leverkusen’s side are among the favourites

It puts United in a strong position as they aim to win their first trophy under Ole Gunnar Solskjaer.

And the Norwegian is keen to grasp the opportunity as the Red Devils continue their rise.

He said: “We went into this season knowing that the Europa League is a great chance for us to get a trophy, to get far in a tournament.

“But also to groom a few of the youngsters and it was perfect for us.

“We are in a strange period at the moment, unprecedented, we’ve got to make the most of it and if we are able to go through to the semi-final and final it would mean a lot to the club, players, supporters and staff. We just have to make the best out of a difficult situation.”

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Man pleads not guilty to baby in the river murder charge

A MAN accused of murdering his infant daughter by throwing her into the Tweed River will fight the charge, a court has heard.

The man, who cannot be named for legal reasons, was formally arraigned at the NSW Supreme Court on Friday where he entered a plea of not guilty to a single charge of murder via audiovisual link from custody.

In the brief hearing, the court heard that the murder of the infant, who also cannot be named due to legal reasons, allegedly took place at Tweed Heads on November 17, 2018.

The court, sitting in Sydney, was told that the man’s trial will be by judge alone and that it is expected to involve “oral evidence” from experts, including a psychiatrist.

The trial was expected to run for three or four days, the court heard.

In relation to the possibility of friends and family of those involved attending the trial, the accused’s barrister Jason Watts said: “It’s a very complicated matter in that respect”.

According to previous media reports, it is alleged the tiny girl was thrown into the northern NSW river, with her body later washing up on a Surfers Paradise beach on the Gold Coast.

The matter was listed for trial on November 2 at the NSW Supreme Court in Sydney.

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Man drowns while swimming in thermal pools in Mataranka

A 23-year-old man has drowned while swimming in thermal pools in the Northern Territory last night.

In a statement released this morning, NT Police said they responded to a report of a man being pulled unconscious from the water at Mataranka just before 8:00pm.

“CPR was administered on the man until CareFlight transported the man to the Royal Darwin Hospital, where he later died,” the statement read.

“Northern Investigation Section Team will travel to Mataranka to assist local police with their inquiries in relation to the circumstances surrounding the man’s death.”

Mataranka Thermal Pool is a popular swimming spot for tourists and one of the town’s main attractions.

Mataranka is about 420 kilometres south of Darwin and about 110km from Katherine.

Police are calling for anyone who may have witnessed the incident, or have further information which may assist with police inquiries, to contact them on 131 444.

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Former wrestling star Marty Jannetty posts confession he ‘made a man disappear’

Former wrestling star Marty Jannetty appears to have admitted to making a man “disappear” in a disturbing Facebook post.

The former WWE star claimed the incident took place when he worked at a bowling alley, aged 13.

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Jannetty, now 60, shared the concerning story, which has since been deleted, to his social media page.

The post appears to insinuate he committed a crime against a would-be attacker, who was “never found”.

It then seems to suggest the victim was left in the Chattahoochee River, which spans Georgia, Alabama, and Florida.

According to RingsideNews, the post read: “I never told no one this, even my brother Geno … cause Geno would‘ve killed him, and I didn’t want my brother gone.

“He‘d only recently come home from Viet Nam.

“I was 13, working at Victory Lanes bowling alley buying weed from a f** that worked there.

“He put his hands on me … he dragged me around to the back of the building … you already know what he was gonna try to do.

“That was the very first time I made a man disappear.

“They never found him … they should of looked in the Chattahoochee River … but Winnie [the girl in these pics] I like you so damn much, probably my favourite.

“But I promised myself way back then, nobody would ever hurt me again … that includes you.

“I loved you but you hurt me with your f****** Jamaican jealousy. You can go your own way, I don‘t need you.”

A commenter asked if Jannetty was doing OK, to which the former pro-wrestler responded that the two had a “fall out.”

“But, if you’re asking bout the other thing. yes, that was a billion years ago, plus, I have the satisfaction of knowing that B***H a** n*nja never got to do another kid like that..”

Jannetty did not immediately return The Sun’s request for comment about his now-deleted Facebook post.

But according to TMZ, the Columbia Police Department in Georgia said they are going to “look into this.”

This is not the first time that Jannetty‘s social media activity has shocked his fans.

In 2018, Jannetty claimed his life was almost destroyed when his Facebook page was hacked.

The sick hackers put a post up on his page that said he wanted to have sex with his own daughter.

And he raised serious concerns last year when he revealed he bedded his sex addiction counsellor and went on a 60-day bender.

This story first appeared in The Sun and was republished with permission.

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Man charged with murdering Canberra Comanchero leader faces court as police conduct search for further evidence

A man accused of killing a Canberra bikie boss in front of hundreds of people at a popular nightspot last month has faced court charged with his murder.

Frederick Tuifua, 26, is accused of stabbing Canberra Comanchero commander Pitsoni Ulavalu in the neck during a brawl at Kokomo’s bar in the early hours of July 19.

The 48-year-old stumbled outside before he collapsed and died on the road. The brawl was captured on CCTV and recorded on mobile phones.

Mr Tuifua appeared in the ACT Magistrates Court via video link this morning facing a murder charge.

He did not apply for bail or enter a plea.

Osaiasi Kupu, 23, and Matthew Kupu, 22, also faced the Magistrates Court over their alleged role in the brawl inside the bar.

Both men have been charged with affray and neither applied for bail.

The trio were arrested on Tuesday night after they escorted a fourth man, who had multiple gunshot wounds, to the emergency department.

All three men are due to face court again later this month.

Police search underway in Braddon and Turner

Pitasoni Ulavalu wearing sunglasses and a leather jacket.
Pitasoni Ulavalu was the Comanchero Canberra commander.(Supplied: Facebook)

As the trio faced court, police and State Emergency Services workers were conducting a large-scale search in Haig Park.

In a statement, ACT Policing said searches in the suburbs of Braddon and Turner would continue “over the next few days”, in a bid to find additional evidence in relation to Mr Ulavalu’s murder.

“The investigation into the murder of Pitasoni Ulavalu remains ongoing and … detectives anticipate making further arrests,” an ACT Policing spokeswoman said.

ACT police’s criminal investigations boss Detective Superintendent Scott Moller said yesterday that the three men facing court had links to the Comanchero outlaw motorcycle gang.

“We’ve been looking at a group of men for some time and the opportunity at the hospital presented itself and he was arrested,” he said.

Chief Police Officer Deputy Commissioner Neil Gaughan said police were “also investigating” the incident that had led to the fourth man sustaining gunshot wounds.

“We don’t know much about the actual shooting,” Deputy Commissioner Gaughan said on Wednesday.

“He was brought in by three male persons … wanted for the affray at Kokomo’s a couple of weeks ago.”

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Man facing murder charge over Canberra Comanchero leader Pitasoni Ulavalu’s stabbing at Kokomo’s

A 26-year-old man will face the ACT Magistrates Court tomorrow charged with the murder of Canberra Comanchero leader Pitasoni Ulavalu at Kokomo’s bar.

ACT Chief Police Officer Neil Gaughan told ABC Radio Canberra that a man presented to Calvary Hospital last night with multiple gunshot wounds, accompanied by three other men.

Commissioner Gaughan said those three men were then taken into custody because they were wanted over the brawl at Kokomo’s in Canberra’s CBD.

Later this morning police confirmed that one of the three men would be charged with murder and the other two men, a 22-year-old and a 23-year-old, were expected to be charged with affray.

Canberra Comanchero commander Pitasoni Ulavalu, 48, died after being stabbed in the neck at the Civic nightspot in the early hours of July 19.

Police were called to Kokomo’s on the corner of Genge and Bunda streets at 12:05am after reports of a “disturbance”.

Officers confirmed at the time that the altercation began within Kokomo’s before Mr Ulavalu, 48, was found dead outside.

Mr Ulavalu had been stabbed in the neck.

Police flag further arrests and charges

Pitasoni Ulavalu wearing sunglasses and a leather jacket.
Pitasoni Ulavalu was the Comanchero Canberra commander.(Supplied: Facebook)

ACT Policing’s criminal investigations boss Detective Superintendent Scott Moller said the three men who had been arrested had links to the Comanchero outlaw motorcycle gang.

“Some are ACT residents, but some reside interstate,” Superintendent Moller said.

He said investigation into Mr Ulavalu’s murder was continuing.

“There are over 200 witnesses that we need to interview, hours of CCTV footage to be reviewed,” Superintendent Moller said.

“We’ve been looking at a group of men for some time and the opportunity at the hospital presented itself and he was arrested.

Superintendent Moller said there were about 35 outlaw motorcycle gang members currently known to police in the ACT.

“It was only about 12 months ago that I said we had up to 70, so we’ve been working really hard to reduce those numbers,” he said.

“If you’re involved in outlaw motorcycle groups you should be concerned, because people involved in outlaw motorcycle gangs are being shot, are being stabbed and end up in jail.

“But as a general member of our community, Canberra is a very safe city and I wouldn’t be concerned.”

On ABC Radio Canberra this morning Commissioner Gaughan said police were “also investigating” the incident overnight that led to a man sustaining gunshot wounds.

“We don’t know much about the actual shooting but we had a male present himself to Calvary Hospital late last night with some gunshot wounds,” Commissioner Gaughan said.

“He was brought in by three male persons … wanted for the affray at Kokomo’s a couple of weeks ago.”

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Queensland man who tested positive to coronavirus after flying from Afghanistan ‘did everything he should have done’

Queensland authorities have revealed they gave permission for a man returning from overseas to catch a commercial flight back into the state, with police now finalising an investigation into the process.

The man in his 20s, had been working for the Australian Government in Afghanistan and returned to Queensland, via Sydney, last week, to quarantine at home.

The exemption to bypass hotel quarantine is allowed for diplomatic and consular officials, but the Queensland man was a security contractor.

A police investigation that was launched yesterday to investigate the validity of documents used by the man to re-enter the state has now been finalised with authorities saying he had done nothing wrong.

Chief Health Officer Jeannette Young also revealed it was Queensland authorities who had given the man permission to travel back to the Sunshine State on a commercial Jetstar flight, and drive to his Toowoomba home.

A public health alert for the flight had to be issued after the man tested positive for COVID-19.

“That individual did everything they should have done,” Dr Young said.

“New South Wales Health approached Queensland and we said, ‘yes, it did meet that exemption’, so we would allow that person to travel as per the exemption.

The man returned to Australia using his personal passport.(Supplied)

“The only concern I had is that when we agreed all these exemptions, we said when people went onto a domestic plane that the planes would seat them with no one else around them.

“That unfortunately didn’t occur because the plane was packed.”

Premier Annastacia Palaszczuk previously said the man was given an exemption under national guidelines.


However, the Department of Foreign Affairs and Trade (DFAT) said last night the man had not been eligible for an exemption and that none had been granted.

“The Department of Foreign Affairs and Trade did not support an exemption application from this individual, and was unaware that it had been sought or granted,” DFAT said in a statement.

The Australian Embassy in Kabul wrote a letter confirming that the man was “travelling on essential Australian Government business”.

This was in order to facilitate his travel between Afghanistan and Australia, not to assist with quarantine exemption applications.

Last night, the Premier announced Queensland would tighten the exemptions process for returning overseas travellers, and it would only be granted in extremely extenuating circumstances, in line with current arrangements for anyone entering the state from overseas or a hotspot.

Meanwhile, three Logan men who were charged yesterday for allegedly lying about being in Melbourne, have tested negative for coronavirus.

A 29-year-old Slacks Creek man, a 25-year-old man from Loganlea and a 23-year-old Waterford man crossed the border at Coolangatta on Sunday, and allegedly denied having been in a coronavirus danger zone, when they re-entered the state.

The trio will undergo further testing.

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Victoria records 15 deaths, including man in his 30s, and 725 new coronavirus cases on worst day yet of pandemic

Victoria has recorded 15 deaths and 725 new coronavirus bacterial infections on the state’s worst working day of the pandemic to date.

Premier Daniel Andrews on Wednesday explained 538 folks remained in medical center, with 42 of those people battling the infection in intensive care. 

Of the 15 new deaths recorded on Wednesday, just one was a gentleman in his 30s and twelve ended up joined to the state’s aged-treatment sector.

“Can I mail my heartfelt condolences and sympathies to every single of all those families,” Mr Andrews reported.

“This will be a terrible time and any and all help we can provide to you we will and we are with you in this pretty tough time.”

Mr Andrews stated elective operation would be postponed in regional Victoria, except for category one clients and the most urgent class two people. 

The same measures have presently been applied to elective surgeries in the metropolitan Melbourne region.

“We can’t have a circumstance in which we are making the sickest people wait longer simply because we are treating wholly worthy and crucial ailments, but not essentially time-critical ailments,” he informed reporters.

“We are not able to set those people ahead of men and women who will need that urgent treatment.”

Mr Andrews on Sunday declared a Condition of Disaster in Victoria as very well as the adoption of Stage 4 limitations for metropolitan Melbourne. 

The relaxation of Victoria is relocating into Phase 3 constraints. 

Metropolitan Melbourne inhabitants are subject matter to Stage 4 limits and will have to comply with a curfew concerning the hrs of 8pm and 5am. All through the curfew, people today in Melbourne can only go away their residence for function, and vital health and fitness, care or security reasons.

Amongst 5am and 8pm, individuals in Melbourne can leave the property for exercise, to store for necessary items and providers, for do the job, for health care, or to care for a ill or aged relative. The entire list of restrictions can be observed right here.

All Victorians must put on a face masking when they leave home, no make a difference where by they dwell.

Persons in Australia ought to keep at the very least 1.5 metres away from others. Check your state’s limits on gathering limitations. If you are dealing with cold or flu indications, continue to be property and arrange a take a look at by calling your medical professional or call the Coronavirus Wellbeing Facts Hotline on 1800 020 080.

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