The State Coroner will examine whether security agencies adequately assessed the danger Bourke Street killer Hassan Khalif Shire Ali posed to the public before he fatally stabbed cafe co-owner Sisto Malaspina in a suspected terror attack.
The 30-year-old killer had previously been the subject of ASIO, Australian Federal Police and Victoria Police investigations before he drove a ute down Bourke Street and fatally attacked Pellegrini's Espresso Bar owner Mr Malaspina in what was believed to be an Islamic State-inspired attack in Melbourne's CBD on November 9, 2018.
The moment police shot Bourke Street killer Hassan Khalif Shire Ali on Friday, November 9, 2018.
While security agencies were not monitoring Shire Ali at the time of the attack, his passport had been cancelled after a thwarted attempt to travel to Syria in 2015.
The Meadow Heights father, who also wounded two other people, was shot by police in front of shoppers in Bourke Street following his armed attack and died in hospital.
The Coroners Court heard on Thursday that State Coroner John Cain would hold a two-week inquest into the deaths to run from November 23.
Shire Ali set a ute on fire in Bourke Street before going on a stabbing rampage.
Ron Gipp, representing the Chief Commissioner of Police, said a significant amount of evidence would be called regarding Shire Ali's "risk assessment" and the adequacy of tactical options available to police at the time, such as Tasers and OC spray.
The list of witnesses to appear would include Superintendent Peter Seiz, the officer in charge of operational safety tactics training at the force's training academy, he said.
“There is a lot of evidence to be called regarding risk assessment," Mr Gipp said.
The witness list, however, will not include civilian eyewitnesses or those injured in the attack, including the security guard who was stabbed after rushing to help Shire Ali, believing he had been the victim of a car crash.
Counsel assisting the coroner Catherine Fitzgerald said statements from those people would instead be submitted to the inquest.
“There's a substantial investigation of this matter, substantial CCTV footage, mobile phone footage, other footage, statements about what they’ve observed," she said.
“There is really no dispute about what occurred and those matters are well established."
The Ali’s family’s lawyer, Grace Morgan, told the court she also planned to raise questions about the police's death notification process. Shire Ali’s family found out about their son’s death on the news.
Judge Cain said he suspected the inquest would be run online because of COVID-19 restrictions but that links would be made available to interested parties, including those who witnessed the attack.
Shire Ali's brother, Ali Khalif Shire Ali, 23, is serving a 10-year jail sentence over his own, separate plans to kill New Year's revellers in Federation Square in the name of Islamic State in 2017.
He was already in prison when his older brother killed Mr Malaspina in Bourke Street.
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