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The Forum > Article Comments > Did High Court loss trigger Monis siege? > Comments

Did High Court loss trigger Monis siege? : Comments

By Max Wallace, published 12/6/2015

It was after this bad news on the Friday that on Monday 15 December an armed Monis walked into the Lindt Cafe in Martin Place, Sydney.

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What a shame that the high court even accepted this case and that 3 high-court judges were in favour of Monis harassing people through the mail.

The one and only legitimate function of the state is to protect its citizens from harm by others - and it's clear that Monis was intentionally causing harm to others by sending them this mail.

Being so effective in enforcing its other illegitimate whims against innocent people, which nothing on earth or in heaven permits it to do, how come government failed so badly to carry out the one thing it even exists for?

If someone causes harm to others, or is about to likely cause harm, then they should be stopped - it's a matter of self-defence, not of punishment, it requires no legislation as it's the one thing that states are legitimately for.

The concept of law is bankrupt!
Posted by Yuyutsu, Friday, 12 June 2015 8:57:45 AM
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Agreed Yuyutsu, and would that Monis were the only and worst possible threat provided, by trying to cohabitate with and ethnic minority which is against everything we believe in, or hold dear!

Even so, better monitoring and a better concept of the threat we face, would have seen a shorter rein placed on this man, with the best possible outcome he being forcibly returned to Iran! Tranquilized and only awake on Iranian ground!

And indeed, every other similarly hostile element returned to their respective homelands on a one way ticket, and stripped of their unearned and undeserved Australasian citizenship!

Without question Monis was able to do what he did because of some peace-freak/dream castle dwellers element in our midst, who as always think we can somehow placate, appease, turn or live in peace with such an openly hostile element, allowed to take up permanent residence in our midst.

We are undeniably at war, and potential enemy aliens in our midst, should at the very least, wait out this war in humanely run internment camps, but only after they've refused a fully funded invitation to return to their traditional or ethnically appropriate homelands; rather than be allowed to stay and become the fifth column eroding our security from within!?

The openly hostile given no other option!

Thus far and no farther!
Rhrosty.
Posted by Rhrosty, Friday, 12 June 2015 10:57:07 AM
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Monis case shows legal aid has become a sad joke.

40 years ago solicitors paid half their yearly minimum trust account balance to the Law Society with a right to call on it if needed. Interest earned was prime funding of legal aid.
A person passing a means test could apply to the Society for funding for a reasonable case.

If case won, the aided person's solicitor recovered costs from the the other party and paid one tenth to the Law Society to fund other legal aid, so legal aid was substantially self funded.

That system was replaced by taxpayer funded legal aid which became to means of a living for "shopfront lawyers" ( e.g Redfern Leal Aid)

Those lawyers' attitude soon took control of the legal aid bureaucracy.
Example:-
Legal aid was granted to Redfern Legal Aid in relation to a debt of $1700. The aided person was defeated in the Credit Tribunal.The taxpayer paid the maximum allowed of $12,000 of the $20,000 costs of the winner for whom I acted, as well as the costs of the aided litigant which would have been in the order of $20,000 also.

The costs high? The aided person's lawyers made them so. They subpoenaed huge numbers of documents they could never had read through which would involve a dozen large trucks to bring them to Court. The motion to set that aside alone took a whole extra day.

THEN LEGAL AID WAS GRANTED AGAIN FOR AN APPEAL TO THE SUPREME COURT ON THIS $1,700 DEBT.

The aided appeal failed.

That $1,700 debt resulted in the government paying $24,000 of my clients costs of about $40,000 as well as the "aiding" lawyers' cost of probably a similar amount.

Legal aid allowed a clear abuse of legal process at the taxpayers' expense.

Solution to such abuse:-
1. Step back 40 years.
2.No legal aid in civil matters for anyone who is not an Australian citizen.

3. NO citizenship for arrivals without visas.
Posted by Old Man, Friday, 12 June 2015 12:32:20 PM
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The Monis case is very interesting. In this age of mass surveillance - where we are all deemed potential criminals or terrorists, it is enough to make one ask if we can ever really stop criminal acts of violence? Remember at the time of the siege, this man was on bail for the being an accessory to the murder of his wife and the sexual assault of 40 women. And just days prior to siege he'd lost his High Court appeal regarding the offensive letters he'd sent to families of deceased soldiers. This was a man who was under the watch of numerous state and federal government agencies.

Monis arrived in Australia in October 1996, by November 1996 he was added to ASIO's Movement Alert List.

March 1997 he gets a security license that allows him to carry a gun.

January 1999 ASIO find he is possible national security risk.

February 2000 ASIO report finds Monis is not a security risk

August 2000 Monis given a Protection Visa.

April 2001 INTERPOL Canberra advised by INTERPOL Tehran that Monis is wanted on fraud related charges.

November 2003 ASIO investigate claims Monis may be an Iranian Intelligence Officer.

January 2004 ASIO makes no adverse findings in relations to Monis' citizenship application.

September 2004 Monis informed his Movement Alert List entry will be deleted.

October 2004 Monis given Australian citizenship.

July 2005 Monis contacts ASIO saying he has contacts with information on Al Qaeda. Claims to have information regarding London bombings.

2007 Monis begins sending offensive letters to relatives of deceased Australian soliders.

April 2008 Monis purports to write a ‘fatwa’ on his website, referring to US, UK and Australian heads of state as war criminals.

April 2008 ASIO commences an investigation into Monis given his continuing inflammatory public statements.

September 2008 Monis issues a statement on his website in support of the mujahidin in Pakistan, saying ‘I hope one day I will be able to Jihad in the higher levels as you do’.

November 2008 Monis sends a letter to the families of the Bali bombers describing the bombers as martyrs.

continued.
Posted by BJelly, Saturday, 13 June 2015 11:10:14 AM
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November 2008 The Queen is sent a DVD featuring a woman warning, on behalf of Monis, of threats to Australia.

Throughout 2009 Regular NSW Joint Counter-Terrorism Team (JCTT) meetings discuss Monis’s activities.

March 2009 US Secret Service contacts the AFP about another DVD (with a purported ‘fatwa’ against President Obama) which Monis had sent to the US broadcaster NBC in December 2008.

October 2009 The AFP arrest and charge Monis with seven counts involving postal offences in relation to sending offensive letters to families of Australian soldiers killed in Afghanistan. He is granted bail.

October 2009 Monis’s website is suspended at the request of the AFP.

October 2009 INTERPOL Tehran advises INTERPOL Canberra that Monis is still wanted by Iranian authorities in relation to fraud offences.

July 2011 Monis is charged with intimidating his now former partner. He is granted conditional bail and an interim Apprehended Domestic Violence Order (ADVO) is made. He was eventually found not guilty.

April 2013 The AFP reviews Monis as part of a project identifying people who may be involved in, or connected with, the conflict in Syria and/or Iraq after his attendance at Syria-related protest activity. The AFP concludes that there is nothing to suggest Monis was directly linked to the conflict.

November 2013 NSW Police arrest and charge Monis with being an accessory to the murder of his former partner

April 2014 NSW Police charge Monis with three sexual assault charges, dating back to 2002.

September 2014 After Terror level raised to High, Monis sent letter to Attorney General Brandis seeking advice regarding the legality of any attempt by himself to make contact with leader of ISIS.

October 2014 Monis is charged with a further 37 sexual assault charges alleged to have occurred between 2002 and 2010.

On 12 December 2014, Monis' lost his appeal against his conviction for criminal use of the postal service was rejected by the High Court of Australia

December 9-12 2014 The National Security Hotline receives 18 calls and emails relating to Monis. Each call or email drew attention to his Facebook page.
Posted by BJelly, Saturday, 13 June 2015 11:16:17 AM
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Old Man,

Well said.
Posted by onthebeach, Saturday, 13 June 2015 11:58:34 AM
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