Siege families demand Monis bail probe

Lawyers for Sydney siege victims are fighting a bid by prosecutors to stop a coroner asking why gunman Man Haron Monis was on bail.

Man Haron Monis

NSW prosectors will seek to stop the Lindt Cafe inquiry looking at why Man Haron Monis was on bail. (AAP)

Why Lindt cafe gunman Man Haron Monis was free on bail is "right at the front" of the matters troubling the families of siege victims, an inquest has heard.

Lawyers for the families of Katrina Dawson and Tori Johnson opposed a bid by state prosecutors on Thursday to block the Sydney siege inquest from examining why Monis had bail despite facing serious charges.

Counsel assisting Jeremy Gormly SC told the court that previous NSW bail laws, under which Monis had gained his freedom, had been "a running sore" before changes came into effect at the start of 2015.

"Bail is an issue that is bright, hot and right at the front of the considerations that have been troubling the families," Mr Gormly said.

The NSW Director of Public Prosecutions (DPP) is seeking to have the issue of bail ruled outside the scope of the coroner's powers.

But barrister Phillip Boulten SC, representing the Dawson family, said Monis being at liberty on the day of the siege was "a matter of widespread public concern".

Monis was well-known to authorities, was on bail for 43 serious sexual assault charges and one count of accessory to murder, and just three days before the siege had lost a High Court appeal against his conviction for sending hateful letters to the families of dead Australian soldiers.

"He was a very dangerous person and he was particularly dangerous on the day that the siege occurred because of an almost perfect storm of circumstances that are apparent now and should have been then," Mr Boulten said.

Mr Boulten said the coroner had to ask "those who can give the answers: why was this man on bail?".

Barrister Peggy Dwyer, representing Mr Johnson's family, said the family wanted to know what authorities knew of the risks posed by Monis.

"They have burning questions that they want answered by this court," she said.

Members of Ms Dawson's family, including her husband, father and brother, were in the courtroom for the proceedings.

Barrister for the DPP, Noel Hutley SC, told coroner Michael Barnes he risked going outside his jurisdiction if he considered the decisions of previous judges who gave Monis bail.

Monis was charged with accessory to murder in late 2013 and a number of sexual assault matters in April 2014.

He had most recently had bail continued eight weeks before the deadly siege but Mr Hutley said that was too long before the siege to be considered relevant in the deaths of Ms Dawson, Mr Johnson or Monis.

Considering bail matters would also be an "unlimited, open-ended inquiry" that all courts had rejected, Mr Hutley said, because it would have to ignore whether Monis might have been jailed only to be granted bail again on appeal.

The inquest is scheduled to hear evidence on Monis's bail when it resumes for a second session on August 17.

Mr Barnes will hand down his decision on bail at 1pm on Friday.


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Source: AAP


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