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Convicted Melbourne terrorist wins jail release

A convicted terrorist jailed for plotting attacks in Melbourne including at the AFL grand final is being released from prison today.

Dec 19, 2023, updated Dec 19, 2023
Convicted terrorist Abdul Nacer Benbrika. Photo: AAP

Convicted terrorist Abdul Nacer Benbrika. Photo: AAP

Abdul Nacer Benbrika will be released from prison on Tuesday under more than 30 strict conditions after a push to keep him behind bars due to community safety risk was abandoned.

Justice Elizabeth Hollingworth ruled in the Victorian Supreme Court that Benbrika will be subject to strict supervision and a curfew for one year.

The Australian Federal Police will check to ensure it is being complied with and he will need to notify the Commonwealth of any proposed change of address.

He will have to wear an ankle monitoring bracelet and police will be given extensive powers to monitor his electronic communications. He cannot leave Victoria without approval.

He also cannot contact certain people, including people in prison, convicted terrorists and those charged with such offences on a list of people prescribed by the court.

Benbrika, who appeared in court via videolink, was arrested in 2005 and convicted in 2009 for plotting to attack Melbourne landmarks, including the AFL grand final at the MCG.

He will also continue to receive psychological treatment but is allowed to reject unreasonable psychiatric treatment if the therapies are unduly invasive, such as shock therapy or medication with adverse side effects.

He cannot miss more than three sessions in a row.

Benbrika didn’t need to be forced to explain why he missed the occasional appointment due to his mental health, Justice Hollingworth said after the federal Attorney-General pushed that no sessions be missed without a reasonable excuse.

The convicted terrorist will also need permission from the police to start a job or volunteer and cannot visit numerous public places.

He will be blocked from discussing terrorist activities publicly but can do so in the course of his deradicalisation program. Police can also search and remove some of his books.

The court needed to be satisfied that the offender posed an unacceptable risk to the community on the balance of probabilities to apply the order.

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Justice Hollingworth agreed the “relative risk is still unacceptable at this time” due to the serious nature of his offending.

But she was satisfied “the combined effect of the conditions … is reasonably necessary and reasonably appropriate and adapted for the purpose of protecting the community from the unacceptable risks that Mr Benbrika presents”.

The opposition has slammed the government for not fighting to keep him behind bars.

But part of the reason the Commonwealth opted for a supervision order over continuing detention that would have kept him behind bars was a report buried by the Home Affairs Department under the former coalition government.

It found the methods used to assess the future risk a person poses to the community were no better than flipping a coin.

Justice Hollingworth also revealed four other reports critical of the assessment tool had not been disclosed and slammed the Commonwealth for its secrecy.

The Commonwealth decided to apply for a supervision order after Benbrika’s lawyers seized on the report to challenge the veracity of the detention order he was under once it came to light.

Preventative detention was an exceptional measure within a legal system that was “the exception, not the norm”, Justice Hollingworth said.

The legal system’s role “is not to detain people to prevent a crime that they may or may not commit in the future”, she said.

– with AAP

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