2018 Bourke Street attack: Victims sue Victorian Government
The families of the killed and injured victims of the Bourke Street terrorist attack are demanding compensation as they grapple with the harrowing impact it has had on their lives.
Nearly five years have passed since Hassan Khalif Shire Ali went on a 19-second rampage in Melbourne’s CBD, stabbing to death beloved Pellegrini’s Expresso Bar co-owner Sisto Malaspina, 74, in November 2018.
Retired firefighter Rod Patterson, who was visiting from Tasmania, was stabbed in the head but survived, as did security guard Shadi Helal.
A coroner ruled two years ago that it was a premeditated act of terrorism and that Victoria Police may have missed opportunities to prevent the attack.
Patterson and Malaspina’s grieving family are among those seeking a multi-million dollar settlement from the state of Victoria.
They claimed that the attack could have been prevented without systematic failure of police intelligence.
Nearly five years have passed since Hassan Khalif Shire Ali’s 19-second stab in Melbourne’s CBD, stabbing to death beloved Pellegrini’s Expresso Bar co-owner Sisto Malaspina, 74 (pictured), in November 2018.
A coroner ruled two years ago that it was a premeditated act of terrorism and that Victoria Police may have missed opportunities to prevent the attack.
Haunting memories came flooding back earlier this month as families heard about the latest alleged rampage on Bourke Street which led to the tragic death of 76-year-old John Haasz and left five others injured.
The terrifying incident happened just 50 meters from where Mr Patterson was stabbed and left bleeding in the street almost five years earlier.
He still takes things day by day.
“There are so many things that are causing this,” Patterson told the Today show on Monday.
“Just last Friday we were watching the AFL final and the breaking news came on the TV that 50 meters from where I was stabbed, someone had mowed down three people.”
“There are a lot of things that caused this trauma.”
Mr Patterson suffered a 10cm cut to his face, from his ear to his eye, and received more than 120 internal and external stitches
Mr. Malaspina’s son, David, his mother Vwaja and his aunt Giuseppina Cecchini, along with Mr. Patterson and his wife, Maree, and a relative of Mr. Helal are seeking undisclosed damages for injuries, loss of income and earning capacity, and damage resulting from the attack. This is evident from documents filed in the Supreme Court of Victoria.
It is an escalation of a previous County Court civil claim filed in 2021.
“I was at the coronavirus screening every day, which was very stressful,” Patterson said.
Rod Patterson (pictured recovering with his wife Maree a week after the 2018 Bourke Street attack) is among the victims and their families claiming compensation
The wife, son and sister of beloved cafe owner Sisto Malaspina (pictured) are also seeking damages against the state of Victoria
“It was very clear that from the first day to the last, the Victorian Police and other agencies were just protecting their backsides. They didn’t want to raise their hands and say, ‘we made a mistake.’
‘A coronial investigation is all about lessons. You can’t learn from your mistakes unless you control them yourself.’
The subpoena alleges that counter-terrorism units failed to share information, including Shire Ali’s address.
It also claims Authorities failed to respond adequately to Shire Ali’s increasing violence by failing to arrest him on outstanding warrants in the weeks leading up to the Bourke Street attack.
Shire Ali was shot dead by police after the stabbing.
“On October 3, this man should have been put in jail, but instead he was given roadside bail,” Mr. Patterson told the Today show.
‘They couldn’t find his address. They had helicopters in the air trying to find him, when all they had to do was spend 50p and call ASIO, who had his address.”
“On November 2, they planned to arrest him on November 10, eight days after the plan. This happened on November 9, the day before he was to be arrested.
‘So there is a lot to learn from this, but as I said before: you only learn when you acknowledge your mistakes.’
David Malaspina is still suffering almost five years after his father was stabbed to death. He speaks at his father’s state funeral in November 2018
Bourke Street stabbing victim Rod Patterson (pictured speaking on the Today show on Monday) believes the attack could have been prevented without systematic failures by police intelligence
Mr Malaspina’s son, David, took over Pellegrini’s Expresso Bar after the tragic death of his father, who was given a state funeral.
He still suffers from post-traumatic stress disorder and had to leave the restaurant while he was at work on the night of the latest alleged attack on Bourke Street.
He now hopes for closure.
‘I have to relive this. People don’t understand it, but it’s like I live it every day,” David said The age.
“I want it done; I want to be able to move on with my life. We want our day in court, and we want (the police) to be exposed for what happened. We want people to be held accountable and we want to fix the broken system.”
‘A teacher, a father, the grandfather of my children… You cannot replace what I have lost. You have no idea what I’m going through. I’m going to need help struggling with my PTSD later because no one I know has gone through this.”
Hassan Khalif Shire Ali stabbed three people before being shot dead by police. The photo shows one of the victims being treated by paramedics
Victoria Police has confirmed it is aware of the civil suit.
“What happened that day was an absolute tragedy and has had a long-lasting impact on all Victorians, none more so than on Sisto’s loved ones,” a spokeswoman said.
“Given the commencement of civil legal proceedings, Victoria Police will have no further comment.”
Coroner John Cain ruled in 2021 that while the actions of one man that day were intended to intimidate and harm, the actions of many others who intervened showed the opposite result.
He praised Mr Patterson and other bystanders, including two off-duty police officers who acted with real courage and little regard for the consequences for themselves.
The Bourke Street terrorist attack in November 2018 led to an outpouring of tributes to Sisto Malaspina, co-owner of Pellegrini’s Espresso Bar (pictured)