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Gary Lewer is simply a vastly antithetic antheral to the 1 who graced the pages of women’s magazines and won grounds bodybuilding titles successful the 1980s.
He’s wheelchair-bound and detained successful Melbourne Immigration Transit Accommodation, a detention centre successful Broadmeadows successful Melbourne’s north.
The 4th day of his detention has travel and gone, aft his visa was personally cancelled by then-immigration curate Peter Dutton successful March 2020.
Gary Lewer has utilized a wheelchair for years aft slipping successful detention.
Dutton intervened aft receiving a 16-page papers prepared by a now-retired Frankston constabulary serviceman and which British-born Lewer fiercely contests.
“If I work that document, I would deport maine too,” helium says. “But it is simply a fantasy.”
The combat implicit Lewer’s detention and looming expulsion is complicated, involving claims and counter-claims of superior transgression behaviour.
Lewer, who moved to Australia arsenic a four-year-old, does not person a cleanable record, with fines and bully behaviour bonds for idiosyncratic cause use, a condemnation for weapon possession successful 1995 and withdrawn charges of kid enactment offences and cause trafficking.
The Department of Home Affairs rejected the archetypal effort by constabulary to cancel Lewer’s visa successful 2017, uncovering his grounds contained lone “minor convictions”.
However, caller documents obtained by this masthead amusement Dutton decided to deport Lewer 2 years aboriginal aft receiving the missive that elaborate allegations that spell mode beyond his transgression record, including crimes implicit which helium was ne'er charged, fto unsocial convicted.
These see transgression conspiracies and connections with organised transgression figures that constabulary suspected Lewer had, but ne'er adjacent enactment to him. “How superior could their suspicions be?” helium says. “When I explicate to radical I’ve lone ever been to situation once, for six months, successful the ’90s, they can’t judge it.”
The Australian Criminal Intelligence Commission (ACIC) – the nation’s top-secret organised transgression researcher – cross-examined Lewer implicit the aforesaid allegations successful 2017 but helium was told determination was nary lawsuit to answer. “Unfortunately for me, the section requires nary evidentiary worldly to detain you for years and deport you.”
The lawsuit raises important questions astir the narration betwixt constabulary and politicians, and the bonzer powers of the Home Affairs Minister to deport radical connected untested allegations successful the pursuit of the “national interest” erstwhile applying the quality test.
“The curate tin acceptable the nationalist involvement to suit the minister,” says barrister Chris Oldham, who represented Lewer successful his archetypal tribunal situation to stay successful Australia. “They person an unthinkable magnitude of power.”
Lewer’s lawsuit is reaching its decision arsenic the national authorities pushes for greater deportation powers and mandatory jailhouse sentences for those who garbage to cooperate. Experts accidental the laws interaction everyone from susceptible exile groups, to well-resourced imperishable residents.
Gary Lewer’s surviving quarters successful MITA.
University of Melbourne elder lecturer successful criminology Dr Claire Loughnan says Lewer’s lawsuit is “very disturbing” and argues transgression allegations should lone beryllium dealt with done the transgression courts, wherever the presumption of innocence, just process and the close to defence apply.
“Any allegation should beryllium taxable to the aforesaid process, careless of whether they’re superior oregon not. Otherwise, it starts to relation arsenic 2 parallel ‘injustice’ systems,” Loughnan says. “And successful doing this, constabulary are politicising the transgression justness system.”
Loughnan says the creeping powers of the Home Affairs Minister are hard to upwind back, and Lewer’s lawsuit reveals a “broader systemic problem” which tin interaction the wider population.
“It’s a policing benignant attack to borderline power that’s grown beyond the accepted borderline information of stopping boats.
“There appears to beryllium a signifier of identifying deportable radical internally. If you commencement supporting these policies and laws and practices, past you ne'er cognize who it mightiness affect. Anyone who doesn’t comply with the thought of a ‘good citizen’ could beryllium targeted.”
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There are presently nary rules astir however agelong idiosyncratic tin beryllium detained, and investigations by this masthead person revealed centres are plagued by violence, unfastened cause taking and breached healthcare services.
Lewer launched a past ditch ministerial involution petition with Home Affairs Minister Clare O’Neil successful December 2022, which includes caller accusation astir his wellness information and claims to Indigenous heritage. Lewer, and his family, person been successful limbo since.
“It’s beyond words,” woman Kathryn Lewer says. “We’ve been near gobsmacked, devastated, floored by it all. I had nary thought helium could beryllium thrown into detention and not get out, determination not beryllium an extremity date.”
Lewer arrived successful Australia from the United Kingdom successful 1960 and grew up successful Morwell, successful Victoria’s Latrobe Valley, south-east of Melbourne. He ne'er applied for citizenship, but thought helium had adjacent rights – having voted successful elections (due to a quirk allowing British ‘subjects’ to vote), utilized Medicare and joined a governmental party.
Over the decades, helium built a beingness present – got married, had children, opened gyms and pursued a high-profile bodybuilding career. He won the Mr Australia bodybuilding rubric each twelvemonth of the 1980s.
Former Mr Universe Gary Lewer.Credit: Facebook
It’s nary concealed that steroid-taking is simply a cardinal portion of the bodybuilding industry, and Lewer acknowledges helium has a drawstring of convictions related to steroid possession and usage that resulted successful fines and assemblage work orders.
He insists the different charges connected his grounds – kid enactment offences and weapon possession – are not arsenic superior arsenic they appear.
He says the limb was recovered astatine his location erstwhile constabulary were searching for steroids, and that it was lone ever for clay shooting with his son. Lewer plead blameworthy and was fixed 2 six-month sentences, served concurrently.
The kid enactment offences are much complicated. He said the charges were laid erstwhile photos were recovered of him attending a enactment hosted by his friend, who, connected his telling, unknowingly dated a teenager. Nine different men who attended the enactment were besides charged, but each charges were dropped erstwhile the girls withdrew their grounds connected the archetypal time of hearings.
Regardless, the charges would travel backmost to haunt Lewer, erstwhile helium came onto the radar of Frankston detective successful 2013. This masthead has chosen not to place the detective.
Now retired, the detective worked successful the cause squad erstwhile helium discovered chemicals stored successful a Seaford warehouse, successful Melbourne’s south-east, aft a extremity off.
Described to the media arsenic a “drug lab”, it aboriginal emerged the proprietor of the chemicals, Andrew Hutton, a person of Lewer’s, ran a ineligible chemicals company.
Court documents amusement Hutton’s estranged woman alleged the 2 men conspired to import chemicals to postulation drugs of dependence.
Hutton was arrested and released connected bail conditions that made it hard to spot his family. During this period, his girl was critically sick with cancer. The detective told the infirmary Hutton was a convulsive transgression and information was needed for visitations.
Hutton’s girl died successful infirmary unsocial successful December 2013. Two months later, his woman tried to termination herself and ended up successful intensive care. Hutton’s lawyer made a nonstop petition to the detective to let him to sojourn his woman connected her deathbed.
“What is to beryllium gained from denying him entree to spot his wife? You are already alert of his caller loss.”
The detective responded the petition was “laughable” and accused Hutton of utilizing his household to beforehand his ineligible case.
Hutton was devastated by this assertion and his barrister Collin Mandy said his lawsuit had “suffered astatine the informant’s hands, astatine slightest emotionally” – aft the detective told Hutton’s household and kid extortion agencies helium was a unsafe criminal.
“Before his apprehension helium was spending a batch of clip arsenic a begetter would astatine his daughters bedside,” Mandy told the court. “The extremity effect was ... Charlotte died successful infirmary neither her parent nor her begetter were with her.”
Ultimately, Hutton was fixed a six-month suspended condemnation aft pleading blameworthy to amerciable chemic retention and possession of precursor chemicals for the play his concern registration had lapsed.
Lewer was ne'er charged.
Hutton and Lewer assertion the detective became fixated connected them, and went to caller lengths to clasp them accountable for the crimes helium believed they committed.
Appalled, Lewer began lodging complaints with regulatory agencies and politicians – each of which were either not investigated oregon cleared the detective of misconduct.
“The detective was progressive successful a lengthy and sustained full and implicit maltreatment of his authorization successful the malicious fabrications and prosecution of Mr Andrew Hutton,” Lewer wrote successful 1 complaint.
Victoria Police said a nonrecreational standards’ probe recovered the serviceman progressive had acted appropriately.
“After cautiously considering the issues raised successful your correspondence, I person been incapable to found immoderate misconduct oregon improper behaviour by Victoria Police,” 1 missive stated.
The detective did not respond to requests for comment.
Over the adjacent 5 years, Lewer claims the detective mounted respective attempts to person him punished. The ATO audited his concern successful 2016, aft the detective reported helium had hidden millions of dollars successful income and assets. The taxation probe concluded with an $800 good for overdue returns.
Next, came the probe by the Australian Criminal Intelligence Commission (ACIC) – the apical concealed organisation that probes superior and organised crime. Both Lewer and Hutton were subpoenaed to enactment successful separate, hours-long interviews and were grilled astir Lewer’s alleged transgression connections. Both were denied ineligible practice and threatened with imprisonment, they claim. Yet, aft the hearings, the lawsuit was closed with nary further action.
In 2017, the detective wrote to the Department of Home Affairs asking for Lewer’s visa to beryllium cancelled but was told by a section serviceman this was not imaginable arsenic Lewer’s grounds had lone “minor convictions”.
“The crushed they [police] are recommending deportation is owed to existent investigations which are ongoing and person not yet resulted successful immoderate caller condemnation astatine this stage,” according to 1 email.
But successful 2020, helium was leaving his Frankston location erstwhile 4 constabulary cars surrounded him. “I was enactment successful the backmost of a divisional van, taken to the constabulary station, past handcuffed for the 90-minute thrust to MITA.”
In 2014 caller laws made visa cancellations mandatory for situation sentences of 12 months – and the determination could beryllium retrospective. Lewer was told his visa was cancelled due to the fact that of his situation stint successful 1995 for weapon possession. He aboriginal received the constabulary quality papers sent to Dutton.
The document, titled “Request for Favourable Consideration of Visa Cancellation – Gary Lewer”, details his transgression record, the abandoned cause trafficking conspiracy lawsuit with Hutton, but besides a raft of different alleged crimes – bribery of Chinese authorities officials, associations with convicted cause kingpin Tony Mokbel and others.
At times, the papers is upfront astir the deficiency of grounds to enactment its claims: “There is nary nonstop grounds different than suspicious coincidence to enactment this belief.”
It concluded that Lewer should beryllium deported due to the fact that helium has a “powerful estimation successful transgression circles arsenic being a convulsive idiosyncratic who has the proven behavioural and fiscal means to inflict harm connected immoderate person”.
The papers states Lewer is “extremely disciplined successful his transgression behaviour to debar detection and is truthful an highly hard fishy to investigate”.
In Dutton’s reasons for cancelling Lewer’s visa, helium cites Lewer’s transgression grounds and quotes the constabulary quality successful determining the hazard of Lewer re-offending was excessively high. “The Australian assemblage should not tolerate the hazard of harm that could effect from specified conduct,” Dutton found.
University of Canberra criminology prof Leanne Weber says erstwhile transgression allegations are considered serious, it “raise the stakes” for the person progressive – further strengthening the request for the separation of powers.
“Just due to the fact that the complaint sounds serious, oregon possibly is serious, oregon is presented arsenic serious, that sends things down a definite pathway - there’s a presumption they go an ongoing menace to the community,” Weber says. “It’s conscionable different illustration of however the strategy is infused with authorities to the detriment of law.”
Dr Loughnan agreed and pointed to the governmental connection – including Dutton’s “taking retired the trash” remark successful 2021 regarding New Zealanders – to warrant expelling radical the authorities “does not privation successful the country”.
“It’s a truly unsafe communicative due to the fact that it keeps fuelling this hysteria astir anyone who mightiness not acceptable the exemplary of what is seen to beryllium a worthy subordinate of the public,” she says. “You extremity up with eroding the basal principles of owed process nether law.”
From detention, Lewer challenged the legitimacy of the constabulary intelligence. He lodged state of accusation requests to get the ground for the constabulary claims but was told nary accusation existed.
He hired lawyers, and mounted 2 Federal Court challenges. In the first, Lewer argued that without superior documents specified arsenic witnesser statements, CCTV footage, oregon different grounds “to enactment the assorted allegations” determination was nary grounds earlier the minister. This was rejected.
“I bash not judge that contention,” Justice Bernard Murphy found. “The curate was entitled to dainty the reports arsenic having been prepared cautiously and successful bully faith… He was not obliged to question retired the superior worldly gathered by Victoria Police.”
In a aboriginal entreaty rejected by 3 judges, 1 justice recovered determination was “no doubt” the constabulary reports were “largely based connected hearsay and would not person been admissible successful transgression proceedings” nevertheless ruled this did not forestall the Minister from lawfully relying connected the accusation successful his decision-making.
“That lawsuit profoundly changed the mode I practise law,” says barrister Chris Oldham, who represented Lewer. “It’s highly hard to continually correspond radical who person nary anticipation nether the mode the instrumentality is structured.”
Oldham says the nationalist would beryllium shocked to recognize the powers of the police, and minister.
“If radical knew determination was an quality for constabulary to pass to the curate astir a feline they don’t like, they deliberation he’s done these things ... There would beryllium a batch much involvement successful what’s truly going connected down the scenes.”
A Victoria Police spokesperson says information-sharing with the national authorities astir deportations is “done successful enactment with strict Victoria Police policy”.
When asked for a transcript of the policy, Victoria Police declined and said the lone mode to entree it was done Freedom of Information.
Dutton’s bureau did not respond to repeated requests for comment. Home Affairs Minister Clare O’Neil did not respond to requests for comment. Immigration Minister Andrew Giles’ bureau declined to comment.
Lewer speaks with his woman Kathryn doubly each day. She doesn’t recognize however this has happened, peculiarly to idiosyncratic who has spent his full beingness successful Australia and has children here.
“It’s gone earlier the courts and I don’t adjacent recognize the workings of the courts arsenic to however it tin beryllium the mode it is,” she said. “It’s crazy. But obviously, they person the powers to bash this.”
Lewer’s grandma Kathleen Grant. He is present exploring his household past arsenic a past ditch effort to enactment successful Australia.Credit: Gary Lewer
Before helium was detained, Lewer spent clip successful the Alfred Hospital aft contracting sepsis. His treating doc made an entreaty for Lewer’s release.
“I person superior problems with Gary being detained. Gary is not facing immoderate existent transgression charges and poses nary menace to the assemblage astatine all. For these reasons, helium should beryllium released ASAP,” the doc wrote successful bolded lettering.
This petition fell connected deaf ears. Now, Lewer is wheelchair-bound aft helium slipped and severely wounded his backmost soon aft entering detention. Medical records amusement he’s been waiting to spot a neurosurgeon for implicit 2 years, to nary avail.
Lewer is present pursuing a last-ditch effort to stay successful Australia by retracing his household history, believing his grandma whitethorn beryllium Indigenous.
“Being deported is simply a decease sentence,” Lewer says. “They could travel successful astatine 4am and instrumentality maine connected a plane. You unrecorded with that fearfulness each day.”
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