Victoria Police asked for tougher bail laws for arsonists, FOI documents show
Victoria Police say there's been eight tobacco-related arsons since bail law changes passed in March. (Supplied)
In short:
Freedom of information documents show Victoria Police asked the government to tighten bail laws for multiple alleged arson offences, to help crack down on illegal tobacco firebombings.
The government only tightened bail for one arson offence, and a number of alleged arsonists have been released on bail since March.
What's next?
Police warn it has seen "cycle of re-offending" due to the current bail rules, but the government said it was acting to crack down on the illicit tobacco trade.
The Victorian government has mostly sat on advice from police to make it tougher for accused arsonists to be released on bail amid Melbourne's ongoing tobacco wars, according to secret briefing notes.
Documents obtained by the ABC through Freedom of Information laws reveal that earlier this year, the Allan government was asked to tighten bail rules to help Victoria Police directly target players allegedly responsible for scores of firebombings.
But in the four months since the government received the advice, it ignored the majority of the police requests and removed the presumption of bail for only one arson-related offence, which requires a person's life to be endangered.
That change is unlikely to have an impact on the majority of tobacco-related firebombings, which typically occur in the dead of night at empty shops.
It comes as newly released figures from police revealed there have been eight tobacco-related arsons since the government's bail changes came into effect in March, including the firebombing of a victim's home that was so serious they were put into witness protection.
Since then, police have arrested 23 people and charged six offenders with arson but four were granted bail — two by the courts and the other two by police.
Police wanted tighter bail for five arson offences, documents show
In a briefing note from February, Victoria Police urged the police minister to reclassify five serious arson-related offences in the Bail Act which would remove the presumption of bail.
Those offences were:
- criminal damage by fire
- criminal damage by fire with the intent to endanger life
- criminal damage with the intent to gain
- intentionally or recklessly cause a bushfire
- placing inflammable material for the purpose of causing fire.
Victoria's Police Minister Anthony Carbines, pictured alongside Premier Jacinta Allan. (ABC News: Danielle Bonica)
The changes would have forced alleged firebombers charged with serious arson offences to show a "compelling reason" for why they should be granted bail, whereas at the moment the courts presume they are entitled to bail.
But despite agreeing to advocate for the changes months ago, the government removed the presumption of bail solely for criminal damage by fire with the intent to endanger life.
A Victorian government spokeswoman defended the decision and said it was acting to "smoke out organised crime and crack down on the illicit tobacco trade".
"We have listened to police and have already changed the Bail Act by elevating serious arson offences to Schedule 2, meaning anyone charged will be subject to a tougher bail test under our new laws," the government spokeswoman said.
"We will continue to take advice from Victoria Police and other legal groups on how our laws can be improved to further protect Victorians."
Victorian Premier Jacinta Allan said further bail reforms were on the agenda.
"We'll have more to say on the additional bail reforms in the coming time … but we have the toughest bail laws in the country, and they are working," she said on Tuesday.
A Victoria Police spokeswoman said the force regularly gave advice to the government.
"It is ultimately a matter for government on whether they take that advice and any queries relating to legislation should be directed to them," she said.
Fire damage at a convenience shop and cars in Melbourne's northern suburbs, after an alleged arson attack. (ABC News: Costa Haritos)
Middle Eastern crime gangs have been behind 140 firebombings since the tobacco wars began in March 2023 as warring factions tried to seize control of Melbourne's illicit tobacco and vape market.
In February this year one of the city's most notorious underworld figures, Sam Abdulrahim, was gunned down in an apartment block car park after a contract was put out on his life.
Victoria Police has previously said it believed Kazem Hamad, a sworn enemy of Abdulrahim, is a key player in the tobacco wars who has orchestrated firebombings on his rivals or shop owners who refuse to pay exorbitant extortion fees.
Gangland figure Sam Abdulrahim was shot and killed at a carpark in Melbourne's northern suburbs. (AAP Image: Diego Fedele)
Hamad was deported to Iraq after serving eight years behind bars for drug trafficking.
The tit-for-tat firebombings have dominated headlines, sucked up police resources and put pressure on the Victorian government to try and stem the tide of violent attacks.
It prompted Victoria Police to make the bail recommendations which the force said constituted a "legislative gap".
Police warn of repeat arson offenders under current bail rules
There is currently just one fire-related crime considered serious enough not to warrant the presumption of bail — arson causing death.
"This results in offenders of other serious arson offences … not being required to show a compelling reason for why they should be granted bail," Victoria Police said in the secret briefing documents.
"Victoria Police advises … it has also witnessed a continuing cycle of re-offending due to the time taken for matters to be brought before the courts and the high likelihood for suspects to receive bail following arson charges," the force said.
According to police, there have been at least three occasions where alleged offenders have received bail after firebombing tobacco shops, among them a mid-level organised crime figure.
A Ballarat tobacco store which was hit by an arson attack. (ABC News: Patrick Laverick)
In the documents released to the ABC police allege the man, who is accused of extortion, arson and blackmail, was bailed "despite evidence provided to the court which negated a defence to the charges and despite false assurances".
The force said the changes would have a "preventative and deterrent" effect.
"Victoria Police proposes these five additional offences be included … as a practical solution to the current issue of serious arson offenders receiving a presumption of bail regardless of their risk to the community," the force said.
"This is particularly relevant to the arsons recently committed by opposing serious organised crime groups attempting to increase their control of the illicit tobacco and vapes market in Victoria."
The force's concerns were noted and agreed to by Police Minister Anthony Carbines but were missing when the Victorian government overhauled the Bail Act after facing mounting pressure to address rising crime rates.
The government's changes reclassified home invasions and carjackings as more serious offences and included tougher bail tests for serious child and adult offenders who commit a crime while already on bail for other offences.