ABOVE: Chief Commissioner Simon Overland and new Deputy Commissioner Ken Jones speak to 3AW's Neil Mitchell on Tuesday, May 26 about the Luke Mitchell case. Mitchell was stabbed to death by Asian men, allegedly, after earlier saving someone from a brutal attack.

Transcript of Neil Mitchell's interview - Nicole Melbourne:

Neil:
Chief Commissioner Simon Overland is with me and also the new Deputy Commissioner for Crime Ken Jones.  Mr Overland we have been given information and this came through just before the ad break, that there was relation to the men being sought over the murder of Luke Mitchell, that there was an aircraft on the way to Thailand with the men on board.  Information was passed by Victorian Police to Federal Police who alerted the airline staff on board, alerted the aircraft that the decision was not to turn the plane around as it could have been a danger for the crew.  Are you aware of that or is it right?

Overland:
Look, I am not aware of that information but, I know parts of it are not correct.  So I know for instance that the men travelled on separate aircraft, so they weren’t on the same aircraft.  So that bit of it is wrong.  The other point I’d make is that it is a very significant step to turn an aircraft round.  We would need a proper basis for doing that.  We’d need to be in a position where were able to arrest the people that we are after.  As of last night we still weren’t in that position because we need to get the evidence that gives us the justification for actually making the arrest and that does take time.  I know people sometimes get a bit frustrated and they don’t understand that and they watch CSI and it all happens within 45 minutes.  Real life; it's a bit different from that and we need to work through it in a very methodical way which is what we are doing.

Neil:
So are you in a position to arrest or?

Overland:
As of last night we weren’t, but the team is working very hard.  I haven’t got an update this morning so they may be in a position we they have got the evidence that they need but it’s about eye-witness identification and it’s about scientific testing, it’s about a whole series of things that actually gives us the evidence that then justifies the arrest.

Neil:
So who will be responsible when we get to that position and for following it through?  Is that the Federal Police or the Victorian Police in Thailand?

Overland:
Well, international extradition is a complicated area so initially we need to take some action but then we need to work through the Federal Authorities, through the Federal Police and the Attorney General’s Department.  International extraditions are actually done by the Commonwealth Attorney General’s Department so we’ll need to work with them.

Neil:
But who catches them before you worry about extradition?

Overland:
The jurisdiction in which they’ve fled so the police over there need to become involved.  But there is a whole process that needs to be gone through, it’s very technical, it’s very difficult.  It’s not something that you know, anyone can sort of guarantee a particular outcome because there are a lot of legalities involved.  But we do, do this, all the time.  We do work the Commonwealth Authorities and I’m sure will continue to do this in this case.

Neil:
There is a perception because they have made it to Thailand that they are untouchable, is that wrong?

Overland:
Yes it is but also, it’s the point I’m making about the difficulties of International extraditions.  They’re very technical legal issues and I don’t want to oversell or undersell how difficult it will be but well obviously what I have said is that we will do everything that we can and to identify these people, have them arrested and have them brought back in front of the Victorian Courts.

Neil:
I guess the key thing that we are getting on the information here is that you’re quite confident that there’s no way of stopping those men before they got to Thailand?

Overland:
No, no and I have looked at that particularly and I am more than satisfied that there was nothing we could do or could have done to stop them.  In one case we didn’t even know who they were until well after they had left the country.

Neil:
There’s a report that one of the men paid cash as the flight was being closed to get on the flight.  Now, that’s suspicious but there is nothing illegal about this?

Overland:
Well there’s not and I make the point, people do this all the time.   There would be thousands of people who would go to the airport on a weekly basis just with there passport, pay cash and go overseas. 

Neil:
Really?

Overland:
Yep.

Neil:
And they’re not all crooks?

Overland:
I presume not Neil no.

Neil:
Ok.  Can I ask you both, Ken Jones included because I would be interested in your view.  The whole good Samaritan argument’s resurfaced here.  This man went to help someboy and ended up dead.  We’ve had that happen in the city with the CBD shooting.  Does the advice remain not to get involved?

Overland:
Our advice has been consistent which is if you have seen something ring triple 0 call us, let us respond to it.  That’s the best thing to do. Now but I have also said I understand people will need to make their own decisions about whether they directly intervene or not.  We can’t and we don’t encourage people to do that.  We do ask people to think about their own safety.  They actually don’t make the situation any better by getting themselves hurt or in this case, you know, sadly there’s been absolutely tragic consequences as a result of a young man, I think, making a very understandable decision and a very noble decision and one that I think, makes a bit of a hero of him and to be quite frank, and it’s just tragic what’s happened. 

Neil:
Weird contradiction though, isn’t it.  He’s a hero for what he did but we are advising not to do it.

Overland:
Well I guess sadly that’s where we have got to.  It does sadden me because, I mean my own instinct, my own inclination would be to get involved and I have done it in the past when I am off duty.  I am sure Ken would have similar experiences where you do that.

Jones:
You make a judgement call and you hope there is a Luke Mitchell across the road that is going to happen to you and it is terrible what has happened to Luke and our thoughts are with his parents and family and friends this morning.  It is just tragic but as Simon has said we are determined to do everything we can to help these people down and get them before the court.  But on the issue of what you should and shouldn’t do it’s a call you make there and then and one thing I would add is that the other thing the public an do to help us, and to help them is to be observant witnesses and to make a note of anything they see and they are often much more use to us then when they are calling and they have said they have seen this, that and this was the car number and this is what the people look like.  It’s incredibly powerful good evidence.

Neil:
Simon Overland just finally on this case, there was a man injured we believe who is still here in Australia.  Is he as yet in custody?

Overland:
There have been a number of people spoken to in the course of the investigation.  This is one of the problems that it’s a continuing investigation and that there is lots of information that has found its way out into the public domain.  That information is going to change as the investigation continues so people shouldn’t read too much into whether there’s three suspects, four suspects.  Just let us work through it.  When we are at a point where we can make arrests, we’ll make those arrests and obviously let people know at that time. 

Neil:
And the final point on that.  Are the suspects or the people you are looking for, do they have a record or are they known to you?

Overland:
Look I don’t know that and again I am not going to provide that sort of comment.  I think that we again need to be careful and let us do our job and not in any way prejudice the investigation.

LISTEN: Luke Mitchell's brother gagged by cops

UPDATE - 11:30am, May 25: Shane Mitchell, the brother of Luke Mitchell - bashed and stabbed after saving someone from a brutal attack - phoned 3AW's Neil Mitchell to say the Asian suspects are believed to have fled the country.

Mr Mitchell revealed Victoria police have told him the three Asian men, have 'fled the country to Thailand'.

• Listen to Shane Mitchell's revelations
• Luke was a 'gentle, gentle person'

"By all accounts they could have been on a plane as early as lunchtime yesterday," Mr Mitchell told 3AW.

"They (police) have indicated there is a strong chance of getting at least one of them back. One of them was quite seriously injured in the attack and police believe they can link DNA from this person to the crime scene and extradition should be a pretty straightfoward one."

Police have also found the car which followed Luke Mitchell and his friends to the 7-11 store in Brunswick - where the fatal stabbing and bashing was carried out.

The vehicle is believed to have been registered to an address police set up a stake-out at.

"Upon speaking to the neighbours they (police) realised the people were rarely there ... there was nobody actually living there anyway so they were very sneaky."

After Mr Mitchell's call to 3AW, Chief Commissioner of Victoria Police, Simon Overland, confirmed the news.

"There are a number of suspects who we are looking to locate  and my understanding is they have fled overseas and are in Thailand,'' Mr Overland said.

He said international extradition also complicated the situation.

"These things are never straightforward, they are quite complex  but we will obviously be doing everything we can.''

Anyone with information can call Crime Stoppers on 1800 333 000 or visit www.crimestoppers.com.au.

Monday, May 25 - 8am: Good Samaritan Luke Mitchell lost his life saving a stranger from a brutal bashing in Brunswick early on Sunday morning.

Mr Mitchell saw a man being assaulted by three Asian men around 2am on Sunday morning near the Spot Nightclub on Sydney Road and after trying to help the man he was struck with a broken pram.

He and his friends then left and went to a nearby 7-11 store, unaware they were being followed.

A car with four Asian men pulled up and two of the men got out of the car before stabbing him five times and repeatedly kicking him while he was on the ground.

Despite please from Mr Mitchell's friends the attackers kept assaulting him before eventually fleeing in the car.

Mr Mitchell passed away several hours later after surgery at Royal Melbourne Hospital failed to save him.



Luke's brother, Shane, described the murder as a tragic and unnecessary loss of a 'beautiful, beautiful person'.

"He was a gentle, gentle person. That was half his problem, he was always trying to help everybody and that has ended up costing him," Shane Mitchell told 3AW's Neil Mitchell.

"There's not too many blokes out there like Luke. It's a sad indictment, I guess, that people like Luke are few and far between or they're out there and they're just too afraid to stand up ... for fear of this thing happening."

"I think it's a really good opportunity for Melbourne as a whole to say this is enough because all too often violence now is starting to rule the streets of what was once a really beautiful city."

"And I think it's a good opportunity for people to say 'Let's really get a grip on this' and give the police some more powers and be able to search people on the streets with hand-held metal detectors."

"It needs to happen. It just has to stop. We can't continue to go down this road. I've got a young daughter now, and the thought of her growing up into what society is evolving into is quite a scary thought ... it's a really sad state of affairs at the moment."

"I really think that [Premier] John Brumby, [Chief Commissioner] Simon Overland, whoever, needs to get together and instate some powers with the police to be able to show some presence and show some power on the street because this is just getting out of control."

Homicide detectives are reviewing security footage of the incident and are pleading for witnesses to come forward.

Anyone with information can call Crime Stoppers on 1800 333 000 or visit www.crimestoppers.com.au.

3AW Mornings with Neil Mitchell

Neil is one of Australia’s most experienced journalists with success in newspapers, radio and television. He was one of the youngest editors of a daily metropolitan newspaper, The Herald. Enter Neil's highlights page for videos. replays and news.