Sydney man Ahmad Saiyer Naizmand, who tried to flee to Syria on his brother’s passport, is arrested on terror charges

A MAN accused of plotting a terrorist act who was caught trying to flee to Syria on his brother’s passport has been charged with violating a control order that was due to expire in a matter of days.

Ahmad Saiyer Naizmand, charged with using his brother's passport to leave country

• Terror suspect fights AFP mosque ban
• Ahmad Saiyer Naizmand: Terror suspect free to pray wherever he chooses

A MAN accused of plotting a terrorist act who was caught trying to flee to Syria on his brother’s passport has been charged with violating a control order.

The Joint Counter Terrorism Team charged Ahmad Saiyer Naizmand, 21, with one count of contravening a control order.

Naizmand did not come out of the cells for a brief appearance before Burwood Local Court today, where his lawyer Hishim Karnib did not apply for bail.

He told the court his client intended to apply for bail on Monday. Naizmand is expected to deny the charges.

The 12-month interim control order, which was confirmed by a federal court late last year, was due to expire on Sunday.

Court papers stated Naizmand is accused of contravening the order on no less than five occasions by accessing electronic media linked to Islamic State.

He allegedly accessed the material depicting or describing propaganda or promotional material for a terrorist organisation, namely Islamic State, between January 11 and February 24 this year.

He is accused of accessing material linked to Islamic state contrary to the control order and electronic media depicting or describing any explosives, suicide attacks, bombings or terrorist attacks.

Believed dead. Mohammad Ali Baryalei

Naizmand was arrested just before 10pm last night in Auburn where court papers stated he lives.

The order imposes a curfew and bans him from possessing chemicals and guns or watching any executions, beheadings or terrorist propaganda.

The court ruled he was free to attend any mosque he wants after he won his challenge to a court issued control order on the ground that it impinged on his religious freedoms.

“The court is satisfied on the balance of probabilities that making the control order would substantially assist in preventing a terrorist act,” Judge Rolf Driver said.

But he said the AFP had agreed to drop their requirement that the only mosque Naizmand could attend was Parramatta mosque.

The Federal Court confirmed what had been an interim control order banning Naizmand from associating with 18 Western Sydney extremists including Raban Alou, who is in Goulburn Supermax for allegedly providing the gun that killed police worker Curtis Cheng outside Parramatta police headquarters in October.

OTHER NEWS: $20 MILLION FOR EMBASSY TO HOUSE FOUR OFFICIALS

The Australian Federal Police told the court Naizmand last October he is one of a close-knit group of men in Sydney “willing and able” to carry out an ­Islamic State order to randomly kill a “non-believer” and drape their body in the IS flag.

He was referred to by his Arabic name of Abu Moussa as one of those who had “the heart” to carry out such an ­attack during an intercepted phone call last September ­between Omarjan Azari in Sydney and Mohammad Baryalei, court documents state.

Now believed dead, Baryalei was Australia’s most senior Islamic State leader and recruited scores of Australians to the battlefields of Syria and Iraq.

Naizmand, who was caught last year trying to flee to Syria using his brother’s passport, has agreed to some of the conditions of the control order, ­including a curfew and not ­associating with 18 people connected with last year’s Operation Appleby anti-­terrorist raids in Sydney.

Naizmand was caught last year trying to flee to Syria using his brother’s passport.

His lawyers claim the condition places “significant ­restrictions on his freedom and ability to perform religious ­duties” and is contrary to his constitutional right to “freely exercise any religion”.

Naizmand launched a constitutional challenge to the order requiring him to stay away from all mosques, except for one in Parramatta.