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Sydney counter-terror raids: Police charge Khaled Khayat, Mahmoud Khayat over alleged plane plot

UPDATE: AFP deputy commissioner Michael Phelan has claimed the Sydney brothers accused of plotting to bomb a passenger plane allegedly attempted to create a sophisticated chemical device, claiming links to a “senior member of ISIL”.

Two men charged with planning terror attack on plane

AFP deputy commissioner Michael Phelan has claimed the Sydney brothers accused of plotting to bomb a passenger plane allegedly attempted to create a sophisticated chemical device.

The men are accused of planning a terrorist act between July 16 and July 29 this year, according to a police charge sheet.

Police also allege in court documents that Khaled Khayat, 49, of Lakemba, and Mahmoud Khayat, 32, of Punchbowl, prepared or planned a terrorist act at Lakemba, in Sydney’s southwest.

Mr Phelan said police will allege it was one of the most “sophisticated plots” attempted on Australian soil, claiming links to a “senior member of ISIL in Syria”.

“There was certainly precursor chemicals that had been produced and some of the components had been produced but we were a long way from having a functioning Chemical Dispersion Device,” Mr Phelan alleged.

Mahmoud Khayat, 32, of Punchbowl has also been charged by police. Picture: Channel 7
Mahmoud Khayat, 32, of Punchbowl has also been charged by police. Picture: Channel 7
Khaled Khayat has been charged over the alleged plot.
Khaled Khayat has been charged over the alleged plot.

“We have completely disrupted this plot so now not only have we stopped the IED (Improvised Explosive Device) that we believed to go on the plane but we have also completely disrupted the intended Chemical Dispersion Device and we believe we have got all the necessary components of that device as well.

“The point that I’ve been trying to make is that the threat of terrorism is real. This is one of the most sophisticated plots that has ever been attempted on Australian soil.”

Mr Phelan confirmed that two search warrants were still ongoing.

The men, who appeared in Parramatta Local Court this morning, are charged with two counts of preparing or planning for a terrorist act.

The matter was briefly mentioned in court today and they did not apply for bail.

It was formally refused.

Police remain at the scene in Surry Hills, almost a week after the initial counter-terror raids. Picture: Getty Images
Police remain at the scene in Surry Hills, almost a week after the initial counter-terror raids. Picture: Getty Images

One charge outlines how the pair allegedly planned and act between July 16 and 29 and another charged alleges they planned a terrorist act between April 13 and July 16.

They have been charged over an alleged plot to bomb an Etihad Airways flight out of Sydney.

Both men will face the charges, which carry a maximum penalty of life in jail.

They are two of the four men arrested in raids across Sydney last Saturday.

Their brother-in-law Khaled Merhi remains in detention being questioned by police under specific provisions of the Commonwealth Crimes Act, which police said “recognises that terrorism investigations are inherently complex and that there can be legitimate reasons for extended periods of detention for suspects in such matters”.

Mr Merhi, who lives with his parents at Surry Hills, has not been charged. The fourth man, Khaled Merhi’s brother Abdul Merhi, 50, was released without charge on Tuesday.

Khaled Khayat. The pair are due to face Parramatta Court on Friday.
Khaled Khayat. The pair are due to face Parramatta Court on Friday.

Police confirmed they have been searching six homes across Sydney following the raids on homes in Lakemba, Surry Hills, Wiley Park, Bankstown and two homes in Punchbowl.

The charges follow a day of drama during which both Prime Minister Malcolm Turnbull and NSW Police Commissioner Mick Fuller declared police had “very strong evidence” about the alleged plot by a Sydney terror cell to bomb the plane — believed to be an Etihad A380 — out of Sydney.

READ MORE: Bloody terror plots we’ve escaped

“We mobilised quickly and from my perspective we stopped what would have been a terrible crime,” Mr Fuller said.

NSW Police Commissioner Mick Fuller. Picture: AAP
NSW Police Commissioner Mick Fuller. Picture: AAP
Australian PM Malcolm Turnbull. Picture: Colin Murty / The Australian
Australian PM Malcolm Turnbull. Picture: Colin Murty / The Australian

The aviation threat level set by the spy agency ASIO — which was raised last week to “probable” in the wake of intelligence reports about the alleged plot — has been restored to the previous level of “possible” but security will remain heightened at airports.

His comments came after The Daily Telegraph yesterday revealed that the plan was to use a sacrificial lamb to carry the bomb hidden in a kitchen meat mincer on board as cabin baggage, unaware he was on a suicide mission.

Mr Turnbull said at a Perth press conference that the plot had been “disrupted and contained” but enhanced security would continue at airports.

Police alleged the two men were plotting to bring down a plane. Picture: Darren Leigh Roberts
Police alleged the two men were plotting to bring down a plane. Picture: Darren Leigh Roberts

However, he promised that the delays, which have seen passengers queue out of the doors at Sydney’s airports, should be reduced as the new security measures were “modified”.

Police towed away two cars outside a Surry Hills home. Picture: Darren Leigh Roberts
Police towed away two cars outside a Surry Hills home. Picture: Darren Leigh Roberts
The towing of the cars came as one of the four men was released without charge. Picture: AAP Image/Joel Carrett
The towing of the cars came as one of the four men was released without charge. Picture: AAP Image/Joel Carrett

Abdul Merhi’s solicitor Moustafa Kheir said he wants to review “what basis police had to do what they did”.

“It’s a very serious allegation to have against you,” Mr Kheir said.

“It’s just unfathomable that he would be associated­ with anything like this.”

He said Mr Merhi’s family was also in shock and that his life had been “turned upside down”.

Mr Fuller said “reviewing police action was fine”.

However, he said he had the “challenge of protecting the people of NSW. I’ve been given strong powers, strong legislation, I’ll use those”.

Police have urged members of the community to report any suspicious activity to the National Security Hotline on 1800 123 400. You can remain anonymous.

Original URL: https://www.dailytelegraph.com.au/news/nsw/sydney-counterterror-raids-police-charge-khaled-khayat-mahmoud-khaya-over-alleged-plane-plot/news-story/83b35dcc9f424196ebe9edb29b88bfe5