Terror leader Abdul Nacer Benbrika fighting for freedom
A terror leader behind a plot to bomb the MCG on Grand Final day is fighting to be released from prison by arguing the federal government’s new powers to keep him locked up are unconstitutional. But his bid for freedom has already had a setback.
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Terror leader Abdul Nacer Benbrika will use Australia’s constitution to fight federal attempts to keep him caged when his jail term ends.
An imminent High Court of Australia showdown will decide whether the Morrison Government’s continuing detention order scheme can lawfully keep the notorious Islamic cleric inside prison walls after he finishes his prison sentence.
Benbrika’s sentence was due to end on November 5 but on Tuesday that was pushed back to December 3 after the Supreme Court granted an interim detention order against him.
Home Affairs minister Peter Dutton has applied to Victoria’s Supreme Court for Benbrika to be the first convicted terrorist to be held post sentence under the detention scheme.
But Benbrika, who has served his maximum 15 years in jail, has argued the federal government’s new powers are unconstitutional.
A Supreme Court hearing earlier this month referred the constitutional question to the Court of Appeal. But in an apparent swipe at Victoria’s judiciary, Commonwealth Attorney-General Christian Porter took the case directly to the High Court for a ruling.
It is set to be determined within weeks.
The government is intent on keeping Benbrika behind bars for at least another three years. It can then apply again.
To do so, it will need to successfully argue he poses an “unacceptable risk” of committing further terrorism offences.
The Herald Sun has been told that as of 2018, when his parole application was rejected, he had not completed any deradicalisation programs.
But Benbrika, who has been counselled by Muslim leaders, will argue he has been deradicalised and does not pose a threat.
Although he is regarded as one of the jail’s less troublesome inmates, there is concern at his ongoing influence over young men, inside and out.
If the Algerian-born 60-year-old loses his court fight, he will be placed in Barwon Prison’s new Piper Detention Unit — a $21 million facility built to house 10 of Victoria’s most dangerous offenders deemed to risky to release into society.
Victoria’s Post Sentence Authority, established in 2018, is not involved in Benbrika’s detention case but is monitoring developments.
It is understood Benbrika has been told his case will be ‘’expedited’’.
If he is released into the community, he will not be ‘’free in the normal sense,’’ a source said. He would be put on a “control order’’, possibly for life, restricting his movements, and could be made to wear an electronic ankle bracelet.
In 2005, Benbrika and 16 of his followers were busted by Operation Pendennis, which investigated terror cells in Melbourne and Sydney.
Benbrika was a spiritual leader for the group, which was planning attacks on Australian soil. Terror plots were foiled when a member of Melbourne’s Muslim community tipped off authorities.
In 2008, Benbrika, seven Melbourne men and five Sydney men were convicted of terrorism offences.
Among plans discussed was a bombing attack at the MCG on Grand Final day in 2005.
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