Sydney siege inquest

Martin Place, the location of the siege, pictured in 2013

The Sydney siege inquest is an inquest into the deaths that occurred during the 2014 Sydney hostage crisis, which was instigated by Man Haron Monis. The inquest started on 29 January 2015 and will have more than 100 witnesses and run in blocks into 2016.[1]

In Australia, an inquest is mandatory whenever a person dies during a police operation. The inquest is presided over by the New South Wales State Coroner, Michael Barnes, and its task is "to determine how the [three] deaths occurred, the factors that contributed to them and whether they could have been prevented".[2][3][4]

Two unusual features of the inquest were its detailed opening which provided an account of events in order to dispel speculation[5] and its focus on social media, believed to be merited by police because of its significant role.[6]

The hearings are divided into blocks of a couple of weeks. The first started on 25 May 2015 queried people that knew Monis to get background information. The second started on 17 August 2015 and considers Monis's bail application. Further blocks that investigate how the police dealt with the siege itself will be withheld from the public "in the interests of the families".[7]

On 20 May, the Crown Prosecutor wrote a letter arguing that the question of Monis' bail was beyond the scope of the inquest. This was ruled on by Michael Barnes on 5 June.[8] Five documents relating to Monis' bail will be kept secret on the grounds of professional legal privilege.[9]

First two-week block: people who knew Monis

The first two-week block started on 25 May 2015, taking evidence from people who knew Monis. Barnes said that a central question is, "Was Monis a so-called lone wolf prosecuting an ISIS-style terror attack, or a deranged individual pursuing a personal private grievance in a public manner?" [10]

25 May

On 25 May, a summary of Monis' life in Australia was presented, depicting him as a "complex and secretive" man.[11] This included his request for asylum, and his being accused of sexual offenses against women. He had been diagnosed with depression and schizophrenia at different times. He also joined the Rebels Motorcycle Club but was not liked and was rejected as a member in mid 2013. By 2014, Monis was "a man who was spiralling out of control", with few friends and no standing with any community.

The inquest heard from Hassan Zoabi who had employed Monis in 1997 as a security guard and said his manners were "impeccable". A solicitor for Monis, Franklin Arguedas, said that Monis avoided giving identification or an address. In 2005, Arguedas had confronted customs about Monis' claims that he was being "picked on". Arguedas thought Monis "wanted to be treated like the prime minister", and so suggested that Monis seek [psychological] therapy. Customs director John Valastro noted that Monis' "threshold for questions was quite low. Any time a customs officer asked a personal question it would seem to generate an excessive response." Catherine Wood of Amnesty International then testified that after interviewing Monis in 2010, "It was very much like he was standing on a soap box, he was painting himself as a noble victim ... it was a story of victimhood and persecution. It was nonstop."[11]

27 May

On 27 May, community corrections officer Margaret Kedzierska said Monis finished his service "mostly satisfactorily", although he complained about being victimized by an officer at the Police Citizens Youth Club.[12] Monis was treated by psychiatrist Kristen Barrett in 2010 and 2011 for mild chronic schizophrenia. He was initially quite paranoid about ASIO and "groups from Iran", but was not threatening or intimidating. Monis improved by July 2010, and undertook an unarmed security guard course in 2012. He was considered to be a "show off". Psychiatrist Daniel Murray treated Monis for panic disorder and depression in 2010, but did not know that Monis was also seeing Barrett. [12]

28 May

On 28 May, several psychiatric professionals said that they interviewed Monis on various occasions in 2010 and 2014. They considered him paranoid, anxious, and self-obsessed, but harmless. He could seem somewhat delusional and intimidating, but at other times cooperative and logical.

Senior constable Murray Northey then testified that he had spent several months examining Monis's digital trail but found no evidence of contact with ISIS. Monis had a Twitter account but only twelve followers, although after the siege, he had 898. Monis's daughter in Iran married a man that wanted to come to Australia so she could be with Monis.[13]

29 May

On 29 May, lawyer Nazir Daawar said that he found Monis "a smart guy, but a very evil smart guy". Daawar refused to represent Monis over the Afghan letters and went so far as to say "he would have urged police to shoot him with 'no negotiation'". Dawaar had served in Afghanistan and demanded that Monis plead guilty over the letters he had written to families of soldiers that were killed there.[14] Conversely, lawyer Chris Murphy told the court he thought Monis was "not very intelligent" and a "broken man" who "cried like a baby" when recounting alleged mistreatment in Silverwater jail. All of the lawyers spoke of Monis' attention-seeking behaviour.[15]

At the end of the first week, a picture has emerged of "a complex, disturbed individual desperate for recognition and status but completely lacking the skills or achievements to bring that dream to life". Gormly summarized that "Monis could be plausible, courteous and controlled, but he was also almost entirely consumed in his own self-importance. ... By 2014 he owned no property, was in debt, and had developed no employment skills. His attempts to develop a personal, religious following ... had failed. ... He was facing future serious criminal charges... he had made no public impact of note on the Australian political scene". Monis may have felt that he had "little left to live for".[14]

1 June

On 1 June, family law solicitor Olivia Wilkins said that in 2011 she found Monis passive, paranoid, and difficult. Court social worker Sylvia Martin also noted that Monis wore a strange suit in court, describing it as a "cream coloured suit with vertical black stripes". She thought Monis needed to be "[a] hero in his own story."

When Monis married Noleen Pal in 2002, he had been "quite westernized", but around 2007, he became more strict, demanding that she wear a veil and imposing corporal punishment on their children. He also spent some time away from home. Pal said Monis had wanted to be a martyr for Islam, and she did not want this to influence her children. Monis denied this, and Martin did not think Monis wanted to be a martyr, but was instead seeking for attention.

Solicitor David Cohen said Monis was polite, moderately intelligent, researched things, and opinionated.

Monis' final lawyer John Miller said that Monis had become religious, writing "in the name of God" on top of his affidavit.[16]

2 June

On 2 June, David Richardson of Channel 7 described his coverage of Monis in 2010. Channel Seven security coordinator Scott McIlveena said he met Monis protesting about the way Muhamed Haneef had been covered. Monis rushed at Sunrise hosts in Martin Place calling them "killers and terrorists" but kept his distance when asked.

Associate Ahmad Alaei said that Monis proposed dubious business deals and then wanted to work for Alaei. Alaei let Monis stay in a house that he owned.

Monis courted Amanda Morsy in 2003 who noted Monis drank some alcohol. She found Monis generous but secretive, also saying he was "just reserved. He just wanted to fit in to any group."[17]

3 June

On 3 June, flatmate Amin Khademi said that Monis had been difficult to live with, and that Khademi had tried to persuade Monis not to send letters to the families of killed servicemen. Four other witnesses including Monis's girl friend's cousin confirmed Monis' polite but secretive nature as well as his grandstanding.[18]

Second block: bail

The second block began hearing evidence on 17 August 2015.[19] It focused on why Monis was granted bail before the siege,[7] his previous bail history, whether prosecuting authorities responded appropriately to his applications for bail, and whether procedures should be changed.[8] However, Coroner Barnes said that it was unfair to blame the bail process for the siege because no one could have been expected to foresee the events that followed.[20]

The director of public prosecutions wanted to keep documents relating to the application secret, but the coroner (Michael Barnes) has released some documents.[7]

17 August

Counsel assisting the inquiry, Jeremy Gormly SC, said, "The bail story of Mr Monis is long and complex." Gormly noted that some system of granting bail is needed to distinguish between accusing someone of an offense and conducting a fair trial, and that a system of bail is found in all advanced countries and reflects the rule of law. Under the new act, the granting of bail was on the basis of risk assessment that an accused would fail to appear, commit another offence, or interfere with a witness or evidence.[7]

Monis's first bail was for sending letters to families of dead servicemen. His second bail was on the charge of being an accessory to the murder of his wife. His third bail was for sexual assaults (not rape) that were only prosecuted years after the events. In each case, Monis appeared to fully comply with all bail conditions. A panel of bail experts told the inquest that bail was appropriately given, although prosecutors had not known of Monis's independent offenses. Detective senior constable Denise Vavayis had concerns that Monis might harass the sexual assault complainants, but Monis did not do so.[7]

The inquest considered whether the siege was an act of terrorism. Junior counsel Sophie Callan said that Monis made no attempt to contact ISIS. Rodger Shanahan from the Lowy Institute considered Monis to be mentally disturbed rather than a terrorist, citing the lack of communication with ISIS, the absence of an ISIS flag, and a Shia headband (ISIS opposes Shia). Bruce Hoffman from the Georgetown University disagrees, considering the strategic location opposite Channel Seven. A psychologist thought the siege was not reflective of an ISIS attack, noting that Monis apologized to his victims.[7]

Monis acquired the shotgun fairly recently,[7] as searches had been performed on his premises from 2009 to 2013.[21] It was a grey market farm gun rather than a black market gun, but it should have been surrendered in 1996 or 1998. It had been sawn off for more efficient concealment.[7][22]

It was noted that the DPP officer who approved Monis' bail was inexperienced.[23]

18 August

Detective Eugene Stek criticized the simplified Bail Act 2013, which had a single test: asking if the accused posed an unacceptable risk, and then whether conditions could mitigate that risk. Stek accused Monis of being an instigator of the Lakemba protests after counter-terrorism police raided several roads, but upon questioning by Gormly admitted that there was no evidence for this.[24]

Monis's compliance with the terms of his bail made it difficult to refuse him further bail, but the police never connected the various offenses that he was accused of, none of which were related to terrorism.[24]

19 August

Only details about the bail were covered, including that ASIO officers apparently attended the hearings without knowledge of the police. Melanie Staples from the homicide squad said the court should not have granted bail for the murder charge because the DPP did not present evidence of a discredited alibi. However, she then conceded that the bail submissions had actually been "very good" upon cross examination by Gormly. Staples had known that Monis was on bail when charged with further offenses, but this was never presented to court for unknown reasons.[25]

When Monis was charged as being an accessory to murder, the prosecuting solicitor failed to give the court a letter written by police, which stated that Monis was regarded as a risk to witnesses and the broader community, and that he would have to meet "exceptional circumstances" to be granted bail. The letter also stated that, at the time of the murder accessory charge, Monis was on bail for sending offensive letters to the families of soldiers.[26]

20 August

Gormly wanted to release documents that the DPP wanted withheld. The coroner ruled that some but not all documents will be released. Staples said that a report she had written was never received by the DPP, but she added that the DPP solicitor handling the bail application was terrible, but changed her opinion to adequate after rereading the transcript. Staples also provided background information during the siege. Much of the days' evidence was suppressed from publication.[27]

21 August

The unnamed DPP solicitor that handled the bail application said that he had not received the letter written by Staples, although he never asked the police for bail information. The DPP solicitor only provided oral arguments in response to Monis's solicitor's detailed 30-page submission.[28] He said that he had thrown out notes about his conversation with Staples and the police statement of facts a month before the siege.[29]

24 August

The solicitor admitted that he could have missed evidence that Monis was on bail, and maintains that he had never seen the letter before.[30] He failed to view a key piece of evidence that Monis' lawyer used to underpin his bail application.[31] The lawyer of Tori Johnson's family accused the DPP solicitor of not understanding the law, assuming that being an accessory to murder did not carry a presumption against bail, citing case law to support this. Associate Professor Mohamad Abdalla of Griffith University gave evidence about Monis' conversion from Shia to Sunni. Monis rarely attended mosques and did not participate within local Muslim communities.[30]

25 August

Bruce Hoffman, a US terrorism expert, gave supporting evidence that Monis' actions were inspired by ISIS, that the siege was an act of terrorism, and that his mental health issues did not change this. Hoffman gave Theodore Kaczynski as another example of a terrorist who was radicalised despite significant mental health issues. It was heard that ASIO considered Monis a "serial pest", as he had given them several false tip-offs in the past. Kate Barelle, a forensic psychologist, regarded Monis as atypical for a radicalised person, saying that he acted like "someone who had backed himself into a corner" during the siege.[32]

News organisations have applied to the coroner to release the names of the two unnamed DPP officers who handled Monis' bail in December 2013 and October 2014.[33]

26 August

Prof Greg Barton and Dr Clarke Jones said that it would have been extremely difficult to predict that Monis would undertake the siege as he was a loner, had mental health problems, and was desperate to attach himself to something. Clarke suggested that if the Rebels had accepted his membership, then the siege might not have happened. Roger Shanahan from the Lowy institute said that if Monis had followed the direction of ISIS, he would have just killed all of the hostages. The Coroner ruled that the names of the DPP solicitors should remain suppressed.[34] Lawyer 2, who represented the DPP against Monis in October 2014, had had no formal training in the NSW bail law.[35]

28 August

On 10 October 2014, detectives laid 27 new charges of sexual assault against Monis. The DPP solicitor said he did not oppose bail because Monis had not breached any of his bail conditions set down for previous charges. He also said that there was no new evidence to support a detention application, but a homicide detective disputed that. Gormly criticised the solicitor for not bringing all of the facts to the attention of the court.[36]

31 August

Linda Barnes, a solicitor for the DPP who had managed Monis's case from April to August 2014, criticised police's decision to issue Monis with a Future Court Attendance Notice, saying it made it more difficult for prosecutors to argue for the refusal of bail, as the police had already effectively stated, through the issuing of a FutureCANs, that Monis was not a threat to the community.[37]

1 September

An expert stated that even if the DPP officer had opposed bail, Monis may still have met the "exceptional circumstances" test that would grant him bail.[38]

2 September

Monis's gun was a 50-year-old Manufrance LaSalle 12-gauge pump-action shotgun that had been crudely sawn off. It could hold three cartridges in the magazine and one in the barrel.[39]

3 September

Islamic Friendship Association founder Keysar Trad described Monis as a childlike attention seeker and said that he would have tried to negotiate with him. Trad had previously offered his assistance to police during the siege but it was not accepted.[40]

4 September

A witness who had been Monis's accountant in Iran during the 1990s said that he thought Monis worked for the security services.[41] In the mid-1990s, Monis lived in an exclusive gated community. The accountant described Monis as very wealthy, saying that his wealth was created by a scam in which Monis bought discounted tyres from the government and then resold them on the black market for a profit of around AUD$25,000-30,000 each time. The inquest will resume in November.[42]

Third block: ASIO

The third block opened on 18 November and focused on ASIO's knowledge of and interactions with Monis.[43]

18 November

ASIO received a number of calls about the contents of Monis' Facebook page on 9 December 2014, at the time considering him a "serial pest".[44]

15 December

On the anniversary of the siege, State Coroner Michael Barnes released a statement, describing the inquest as "one of the largest and most complex" undertaken in Australia, highlighting the implications for national security and for public confidence in the police.[45]

Ongoing

The inquest is ongoing, with future hearings expected into 2016. The findings are expected to be handed down in mid-2016.[46]

References

  1. ↑ "Sydney siege inquest told Man Haron Monis claimed to be Iranian spy". The Guardian.
  2. ↑ Barnes, Michael (NSW State Coroner) (16 December 2014). "Press Release" (PDF). Coroner's Court of New South Wales. Government of New South Wales. Retrieved 23 December 2014.
  3. ↑ Olding, Rachel (14 January 2015). "Date revealed for inquest into Martin Place siege deaths". The Sydney Morning Herald. Retrieved 14 January 2015.
  4. ↑ Ryan, Brad (28 January 2015). "Sydney siege inquest: Deaths of Katrina Dawson and Tori Johnson investigated as inquest opens". Australian Broadcasting Corporation. Retrieved 28 January 2015.
  5. ↑ Bibby, Paul and Louise Hall (29 January 2015). "Martin Place siege inquest pulls back the veil on what happened". The Sydney Morning Herald. Retrieved 29 January 2015.
  6. ↑ Powell, Rose (29 January 2015). "Lindt Cafe siege inquest looks at unprecedented role of social media". The Sydney Morning Herald. Retrieved 29 January 2015.
  7. 1 2 3 4 5 6 7 8 "Sydney siege inquest: court not told Monis was on bail at time of alleged assaults – as it happened". The Guardian.
  8. 1 2 "Decision of State Coroner Barnes in relation to ruling on scope" (PDF). Department of Justice. 5 June 2015. Retrieved 2015-08-21.
  9. ↑ Kidd, Jessica (2015-08-20). "Sydney siege inquest: NSW Coroner grants DPP the right to keep Man Haron Monis's bail documents secret". ABC News (Australian Broadcasting Corporation). Retrieved 2015-08-21.
  10. ↑ Bridie Jabour (25 May 2015). "Sydney siege gunman's life laid out at inquest – as it happened". The Guardian.
  11. 1 2 Bridie Jabour (26 May 2015). "Sydney siege inquest: gunman believed he was targeted because of Schapelle Corby – as it happened". The Guardian.
  12. 1 2 Bridie Jabour and Monica Tan (27 May 2015). "Sydney siege inquest: gunman was diagnosed with chronic schizophrenia – as it happened". The Guardian.
  13. ↑ Bridie Jabour (28 May 2015). "Sydney siege inquest: gunman's emails and life on the internet examined - as it happened". The Guardian.
  14. 1 2 Australian Associated Press (29 May 2015). "Sydney siege gunman's lawyer told Monis: 'Get out of my office'". The Guardian.
  15. ↑ Lisa Visentin (29 May 2015). "Lindt cafe siege inquest: Police should have shot Man Monis in the head, lawyer says". The Sydney Morning Herald.
  16. ↑ Monica Tan (1 June 2015). "Sydney siege inquest: former partner alleged Monis 'wanted to be a martyr' – as it happened". The Guardian.
  17. ↑ Michael Safi (2 June 2015). "Sydney siege inquest: Monis 'seemed quite cashed up', says woman he courted – as it happened". The Guardian.
  18. ↑ Michael Safi (3 June 2015). "Sydney siege inquest: family of Monis’ girlfriend thought 'this guy is hiding something' – rolling report". The Guardian.
  19. ↑ "Inquest into the deaths arising from the Lindt Café siege". Department of Justice.
  20. ↑ "Was Sydney siege an act of terrorism? Inquest debates". Northern Star. Retrieved 2016-03-08.
  21. ↑ "Shotgun used in Sydney siege never registered". PM (Australian radio program) (Australian Broadcasting Corporation). 2015-08-17. Retrieved 2015-08-21.
  22. ↑ Department of Justice (2015-08-17). "Gun used in Sydney siege". ABC News (Australian Broadcasting Corporation). Retrieved 2015-08-21.
  23. ↑ "Sydney siege: Public prosecutor handling bail for Man Haron Monis in job for two months, Lindt Cafe inquest told". ABC News (Australian Broadcasting Corporation). 2015-08-17. Retrieved 2015-08-21.
  24. 1 2 "Sydney siege inquest resumes with a blame game over gunman's bail application – rolling report". The Guardian.
  25. ↑ "Sydney siege inquest: Asio went to Monis hearings without police knowing – as it happened". The Guardian.
  26. ↑ "Lindt Cafe Siege: DPP solicitor made basic legal error and failed to put crucial evidence before 2013 bail application for Man Monis, inquest told". Sydney Morning Herald.
  27. ↑ "Sydney siege inquest: DPP succeeds in keeping key documents secret – rolling report". The Guardian.
  28. ↑ "Sydney siege inquest: DPP solicitor accused of bungling Monis case gives evidence – rolling report". The Guardian.
  29. ↑ Kidd, Jessica (22 August 2015). "Sydney siege inquest: Solicitor tasked to keep Man Haron Monis behind bars 'had little chance of success'". ABC News (Australian Broadcasting Corporation). Retrieved 8 September 2015.
  30. 1 2 Michael Safi (2015-08-24). "Sydney siege inquest: DPP solicitor defends conduct of Monis bail case – rolling report | Australia news". The Guardian. Retrieved 2015-08-24.
  31. ↑ Kidd, Jessica (2015-08-24). "Sydney siege inquest: Prosecutor who lost bail case overlooked release of Man Haron Monis on previous offences". - ABC News (Australian Broadcasting Corporation). Retrieved 2015-08-24.
  32. ↑ Louise Hall (2015-08-29). "Sydney siege gunman Man Monis was a 'radicalised terrorist', US expert says". The Sydney Morning Herald. Retrieved 2015-09-08.
  33. ↑ Michael Safi (2015-08-25). "Sydney siege inquest: media apply for suppression orders to be lifted | Australia news". The Guardian. Retrieved 2015-09-08.
  34. ↑ "Sydney siege would have been extremely hard to predict, inquest told". The Guardian.
  35. ↑ Kidd, Jessica (2015-08-27). "Sydney siege inquest: Prosecutor who did not challenge Man Haron Monis's bail had no NSW bail law training". ABC News (Australian Broadcasting Corporation). Retrieved 2015-09-08.
  36. ↑ "Prosecutor and Monis's lawyer agreed on bail, Sydney siege inquest told". The Guardian.
  37. ↑ Kidd, Jessica (2015-08-31). "Lindt inquest: Police decision over pursuing Man Haron Monis charges made refusing bail difficult". ABC News (Australian Broadcasting Corporation). Retrieved 2015-09-10.
  38. ↑ Kidd, Jessica (2015-09-01). "Lindt inquest: Man Haron Monis would have been granted bail even if DPP challenged it, inquest hears". ABC News (Australian Broadcasting Corporation). Retrieved 2015-09-10.
  39. ↑ "Sydney siege shotgun 'fired' in chilling courtroom reconstruction". The Guardian.
  40. ↑ "Sydney siege inquest: Muslim leader says he regrets not recognising gunman". The Guardian.
  41. ↑ "Sydney siege inquest: witness believed Monis worked for Iranian intelligence". The Guardian.
  42. ↑ Paul Bibby (2015-09-04). "Lindt Cafe siege gunman once had luxurious life in Tehran funded by scam involving Iranian government". The Sydney Morning Herald. Retrieved 2015-09-11.
  43. ↑ (PDF) http://web.archive.org/web/20151222143731/http://www.lindtinquest.justice.nsw.gov.au/Documents/State%20Coroner%27s%20opening%20remarks%20made%20on%2018%20November%202015.pdf. Archived from the original (PDF) on December 22, 2015. Retrieved December 16, 2015. Missing or empty |title= (help)
  44. ↑ "Sydney siege inquest: Coroner considers whether ASIO could have done more to stop Man Haron Monis - ABC News (Australian Broadcasting Corporation)". Abc.net.au. 2015-11-18. Retrieved 2016-03-08.
  45. ↑ (PDF) http://web.archive.org/web/20151222105252/http://www.lindtinquest.justice.nsw.gov.au/Documents/Media%20statement%20from%20the%20State%20Coroner%20of%20New%20South%20Wales%20-%2015%20December%202015.pdf. Archived from the original (PDF) on December 22, 2015. Retrieved December 16, 2015. Missing or empty |title= (help)
  46. ↑ "Sydney siege anniversary: What we know about Martin Place's Lindt cafe attack - ABC News (Australian Broadcasting Corporation)". Abc.net.au. 2015-12-15. Retrieved 2016-03-08.
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