National security think tank criticises government’s call on Abdul Nacer Benbrika

The federal government has revealed why convicted terrorist Abdul Nacer Benbrika, who was behind the MCG bomb plot, is set to be released before Christmas.

The federal government says it is not fighting to keep notorious terrorist Abdul Nacer Benbrika locked up in prison because he is not a significant enough danger to warrant it.

But Australia’s leading ­national security think tank has lambasted the call, saying the MCG bomb plotter’s release is “concerning”.

Justin Bassi, head of the Australian Strategic Policy Institute, said it was “highly unlikely” that Benbrika had ­reformed, and the government should explain its decision to ensure public confidence.

Benbrika, who plotted to blow up the MCG on grand final day 2005, is set to be freed when a continuing detention order expires on December 23.

Notorious terrorist Abdul Nacer Benbrika is set to be freed.

Instead of seeking to extend his detention, the government has applied for Benbrika to be out on a three-year extended supervision order, meaning he would face restrictions.

Attorney-General Mark Dreyfus’ office told the Herald Sun the commonwealth had sought to secure the “strongest possible conditions” under law and in accordance with advice from all agencies involved, ­including police.

The Australian Federal Police had filed an affidavit in support of its ESO application – which Justice Elizabeth Hollingworth would rule on – the spokeswoman said.

“If there is no proper factual or legal basis for making an ­application for a continuing detention order, it is not legally possible for the Attorney-General to make such an application,” she said.

Attorney-General Mark Dreyfus says the commonwealth sought to secure the “strongest possible conditions” under law. Picture: Martin Ollman

But Mr Bassi warned the government was “at risk of­ ­repeating our mistakes” because ISIS and al-Qa’ida were no longer on the front pages.

He said Australia was “in danger of complacency about violent extremism”.

“In January 2013 the then government’s National Security Statement effectively said the era of terrorism was behind us, yet within the year ISIS had risen,” he said.

“The terror threat level was raised and we reached the alarming realisation that the security law framework was not adequate for this new era.”

The Hamas-Israel war had inflamed hatreds that a firebrand such as Benbrika could seize on, Mr Bassi said.

“Remember, just three years ago a court found Benbrika to pose an unacceptable risk to society,” he said.

“CDOs are a constitutionally valid measure … if we don’t use it for someone like Benbrika, when would we use it?”

The government has applied for Benbrika to be out on a three-year extended supervision order.

Opposition legal affairs spokeswoman Michaelia Cash called for Mr Dreyfus to be upfront about “the risks our community will now face”.

“All we know is that it seems Mr Benbrika will soon be ­released,” Senator Cash said.

“He (Mr Dreyfus) has given no reasons and so far refused to explain himself fully.”

Benbrika’s 15-year prison term for leading a terror cell conspiring to attack the MCG and Crown casino, and the Lucas Heights reactor, ended in 2020.

The radical Muslim cleric was then put on a three-year continuing detention order, which expires on December 23.

Terrorism expert Greg Barton said there had been a continuing risk three years ago.

“Particularly during the years of the Islamic State caliphate, he certainly became somebody who had gone from being yesterday’s man to somebody who would want to be in the spotlight,” Professor Barton said.

“Therefore, if he was out in society at large, the symbolic risk of him being seen as somebody you’d go to, to get blessing, was a problem.

“I also think he’s lost heart … I think he recognises that there’s no future in doing what he was doing in the past.”

The Deakin University researcher said if Benbrika was released without an order, he would “still be watched very intensively”, adding a lot of work would be done in preparation.

The concerns come after a High Court decision to release 148 non-citizens from indefinite detention, leading to six being rearrested within weeks for fresh offences or breaches of their release conditions.

Restrictions that could be imposed on an extended supervision order include stopping Benbrika from attending certain addresses, a curfew, banning him from communicating or associating with specified individuals or groups and prohibiting his use of phones, the internet or certain websites.

If he breached the order, he could face five years in jail.