Australia’s plan to keep Neil Prakash behind bars

MALCOLM Turnbull has said Australia is determined to keep Islamic State terrorist Neil Prakash behind bars after he was almost freed by a Turkish court.

AUSTRALIA could make another bid to extradite Islamic State terrorist Neil Prakash after an initial attempt was knocked back by a Turkish court overnight.

Prime Minister Malcolm Turnbull has said the federal government will consider its legal options and work closely with Turkish authorities to keep Prakash behind bars.

“We wouldn’t rule out appealing. Our goal is to ensure that Neil Prakash is not ever able to practise his evil trade of terrorism ever again,” Mr Turnbull told reporters in Tasmania today.

Overnight, Prakash had his freedom revoked within hours of a judge ordering that he be release - and before he even set foot outside the prison.

The Kilis Criminal Court in Turkey has said that Prakash must stay behind bars to answer local terrorism charges, and adjourned his case until September 27.

Australian ISIS recruiter Neil Prakash before, left, and after his arrest by Turkish border guards. Picture: The Guardian

The decision emerged just two hours after the judge ordered him to be released, ruling that Australia’s bid to extradite him had failed.

The same judge who ordered Prakash’s release, Ismail Deniz, then presided over a second hearing in a closed court and decided that Prakash should answer local charges of committing a crime against the state of Turkey by being a member of Islamic State.

If he is dealt with as a regular member of Islamic State and convicted of those local charges, Prakash could expect to be sentenced to a jail term anywhere from seven to 15 years.

If he is dealt with as a senior member of Islamic State, and convicted, he could expect a jail term of 25 years to life.

Mr Turnbull said the Turkish government was “equally determined to deal with him” but the Australian government would be working with them to ensure he wasn’t released.

“Our job is to keep Australians safe and we are determined to keep Neil Prakash behind bars,” he said.

Neil Prakash’s lawyer Mehmet Anvers Ulper celebrates prematurely outside the courtroom. Picture: Engin Bas

Former Melbourne man Neil Prakash seen here in an Islamic State propaganda video. Picture: Supplied

The series of decisions in Prakash’s case overnight left legal observers baffled, and convinced an arrangement had been struck prior to the first decision to release him.

Firstly, prosecutors who had failed to make a decision for more than a year on whether he should be extradited suddenly announced they believed there was no reason why he should not be sent to Australia to face charges.

Following that, Judge Deniz adjourned the court for 10 minutes, then ruled that not only would Prakash not be extradited, he would instead be freed.

Australia’s Foreign Minister Julie Bishop said the government was disappointed the Kilis Criminal Court rejected the request to extradite Prakash to Australia.

“We will continue to engage with Turkish authorities as they consider whether to appeal the extradition decision,” she said. “We will also continue to follow the related case related to Prakash’s ISIS activities when the court reconvenes in September.”

Neil Prakash in ISIS propaganda video. Picture: Supplied

The Melbourne-born terrorist, who married two wives and fathered at least three children while in Syria, admitted being an ISIS member but denied being a leader and said he was just an “ordinary soldier.’’

Prakash embarked on an agitated rant in English, Arabic and broken Turkish, saying all laws belong to Allah and he would not be judged by the court, repeatedly saying “Allah rabbimiz’’ — which translates roughly to God Our Lord.

Before the judge’s ruling, he was asked if he wanted to comment on the prosecutors ruling.

He replied: “Allah, he’s the judge, I will never be judged by you.’’

He also referred to verses in the Koran, 44, 45, 46 and 47 and referred to an enemy of Allah, saying “he will always be an enemy of Allah’’. It wasn’t clear who he was talking about.

Kilis Criminal Court in Kilis, Turkey, where Neil Prakash faced extradition proceedings. Picture: Supplied

Prakash has been held in a maximum security jail in the southern city of Gaziantep since he was arrested in October 2016 sneaking across the Syrian border near the town of Kilis.

He is facing charges in Australia of being a member of a terrorist organisation and “incursions into a foreign state with the intention of engaging in hostile activities’’.

He is accused of being a prolific recruiter, financier and promoter of the evil group, who recorded propaganda videos and urged attacks on Australian and foreign soil.

Prosecutors announced in May that they were investigating Prakash on local charges, and produced a file with a case number from 2016.

Syrian border area where Neil Prakash was arrested on October 24, 2016. Picture: Supplied

This indicated the investigation had been simmering in the background, but was not stated publicly until the announcement was due on whether or not Prakash would be extradited.

Prakash, who recorded propaganda videos for Islamic State and used social media accounts to urge followers to launch attacks, is the most senior Australian Islamic State terrorist to be captured alive and would have been be the first senior figure to be extradited and charged under legislation introduced in 2015 in response to the threat posed by Islamic State, or Daesh.