Dozens of strict conditions removed for convicted terrorist Abdul Nacer Benbrika

The Albanese government has agreed to drop dozens of strict conditions on Abdul Nacer Benbrika — who plotted to bomb the MCG and Crown casino — despite a court being told he remains radicalised.

A notorious convicted terrorist free to roam Melbourne streets is set to ditch his curfew and electronic monitoring device put in place to protect the community despite remaining radicalised.

The Albanese government has agreed to drop dozens of the stringent conditions Abdul Nacer Benbrika was placed on when released from jail on terrorism offences in December last year.

They will come into effect from 3pm on Thursday.

This is despite Zoe Maud, SC, for the Commonwealth, telling the Supreme Court on Wednesday that Benbrika, who had plotted to maim and kill as many people as possible in bomb attacks on the MCG and Crown casino, remained a risk of radicalising others and engaging in religious-inspired violence.

Convicted terrorist Abdul Nacer Benbrika who was recently released from prison at his home in Dallas. Thursday, December 28. 2023. Picture: David Crosling

Ms Maud, in applying to the court for the Muslim cleric to remain supervised by authorities but on less onerous conditions, said a treating psychiatrist had revealed Benbrika had continued to defend Islamic State in sessions with her in September.

The medical professional described Benbrika as “radicalised but not dangerous”, Ms Maud said, and supported the government’s push for him to remain on an extended supervision order where the focus would be on his rehabilitation.

The court heard Benbrika had made “significant changes in his life” and that there was no evidence he has had any contact with extremist persons since being freed from jail, where he spent 18 years for leading two terror cells that plotted terror attacks in Melbourne between mid-2004 and late 2005.

The Supreme Court has heard Benbrika has ‘not completely rejected ISIS ideology’.

But Ms Maud said there were concerns one of his personal traits was that “he could be easily influenced” and that he had “not completely rejected ISIS ideology”.

The de-radicalisation process will take time, the court heard.

Benbrika has been under the watchful eye of authorities, living with his family at his Dallas home in Melbourne’s northern suburbs, as part of an extended supervision order which required him to wear an electronic monitoring device, abide by a 10pm to 6am curfew, complete deradicalisation programs and undergo psychiatric treatment.

He was also only allowed to use an AFP-provided mobile phone, which he was required to carry with him at all times.

His internet access, and use of apps and programs, was limited, and he was banned from accessing or viewing material depicting explosives or firearms.

Benbrika was also prohibited from attending the airport or leaving Victoria.

Under the new conditions he will have to report to the AFP branch manager, attend Commonwealth-paid psychological and psychiatric treatment and continue with a deradicalisation program with a Sheikh from the International Centre for the Study of Violent Extremism.

Benbrika’s barrister Dan Star, KC, agreed for an interim order to be put in place for 28 days to give him time to determine whether they will fight the extended order at a hearing expected to take place in the new year.

He was critical of the Commonwealth filing for the extended order application at the 11th hour.

Justice James Elliott ruled the stringent extended supervision order that was expiring at 3pm on Thursday be replaced with the interim order.