Convicted terrorist Abdul Nacer Benbrika may push for taxpayer-funded compo for jail time
Convicted terrorist Abdul Nacer Benbrika is mulling launching a bid for a taxpayer-funded payout over his time in prison after questions were raised over the tool used to argue that he was an ongoing risk.
Police & Courts
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Convicted terrorist Abdul Nacer Benbrika is considering launching a bid for a taxpayer-funded payout from the federal government for his extended time behind bars.
The Herald Sun can reveal the notorious terrorist is weighing up his legal options, including seeking compensation, arguing he was kept in jail for three years longer than he should have been.
Benbrika was released in December following 18 years in jail for leading a terror cell.
After the completion of his 15-year sentence, Algerian-born Benbrika was placed on a continuing detention order as he was deemed an “unacceptable risk” of committing a serious terrorism offence if released.
Questions have now been raised over the validity of the Violent Extremist Risk Assessment tool — a tool used by government experts to argue that Benbrika was an ongoing risk and should remain behind bars.
In the Supreme Court this week, Justice Elizabeth Hollingworth slammed the Home Affairs Department for failing to disclose five reports that were critical of the tool prompting a review of his detention order and referred the matter to the national security watchdog.
Justice Hollingworth said on Wednesday, the department’s nondisclosure was “a serious interference with the administration of justice”.
When asked by the Herald Sun if Benbrika would seek compensation to his extended detention, his lawyer Doogue & George partner Isabelle Skaburskis said he was “exploring his options”.
“Post-sentence imprisonment, in solitary confinement, when he should have been released has caused significant mental harm to Mr Benbrika,” she said.
Justice Hollingworth also flagged that it appeared the reports had not been disclosed in matters involving other terrorist offenders in referring the issue to the independent National Security Legislation Monitor.
“What happened in this case should never have happened, and should not be repeated in the case of Mr Benbrika or any other person subject of a post-sentence order application,” she wrote in her published reasons on Wednesday.
She said the nondisclosure played a factor in her issuing Benbrika with a one-year extended supervision order with strict conditions for his release into the community – instead of a three-year order pushed for by the government.
The nondisclosure of the expert reports occurred under the former Coalition government, prompting criticism of then home affairs minister Peter Dutton.
Taxpayers have forked out more than $10m on jail and legal costs for Benbrika in the three years following his 15-year imprisonment after he was found guilty of leading a terror cell.
In his first and only interview since his release last year, Benbrika told the Herald Sun he was a changed man and Australians should no longer be afraid of him.
“I’ve thought about it and I have learned a huge lesson”.
“People should know that Nacer (himself) is not what he was,” he said.
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