Caution over bail for Somalis facing terror charges

A MAGISTRATE has questioned whether any of the men accused of plotting to attack Sydney's Holsworthy army base would be able to adhere to bail conditions, given that the alleged motivations behind the crime were to "strike at the heart of government".

A MAGISTRATE has questioned whether any of the men accused of plotting to attack Sydney's Holsworthy army base would be able to adhere to bail conditions, given that the alleged motivations behind the crime were to "strike at the heart of government".

At the bail hearing for three of the five men charged with conspiring to plan a terrorist attack, magistrate Peter Reardon said these crimes, unlike robbery or drug offences, were politically motivated and this raised particular issues for bail applications.

He said commonwealth prosecutors alleged the men in "no way, shape or form" respected this country, its government or its courts through their intended actions. "A philosophy is involved; it's not just criminal intent," Mr Reardon said. "Why would a court have any faith that they will comply with bail conditions when they are politically motivated against (this country's) regime?"

Mr Reardon added that it would be very difficult to monitor someone 24 hours a day on bail.

Saney Edow Aweys, Nayef El Sayed and Yacub Khayre are applying for bail after being charged with conspiring to plan a terrorist attack on Sydney's Holsworthy army base. Mr Aweys also faces charges of preparing to go to Somalia to engage in conflict and helping another man travel there to fight in the civil war.

Two other men, Abdirahman Mohamud Ahmed and Wissam Mahmoud Fattal, have also been charged over the terror plot but are not applying for bail.

Four of the five men were arrested in Australian Federal Police and Victoria Police dawn raids on 19 properties in Melbourne on August 4.

Prosecutor Nick Robinson told the court the three men should not be released on bail because they could commit further crimes, as some had already shown a "propensity to violence".

"(They are) committed to an ideology that seeks to use violence to advance their cause," Mr Robinson said. "Being committed to terrorist ideology and cause, there is certainly more likely to be a continuance of that ideology, even if they were released on bail."

Lawyers acting on behalf of the accused men rejected this assertion, stating there was no evidence to back up these claims by the prosecution.

They said their clients were in lockdown for 18 hours a day at the state's highest secure unit at Barwon Prison and faced a wait of two years before their trial would be heard.

George Georgiou, acting for Mr Khayre, said his client was only 21 and the onerous prison conditions were especially hard on him given his age.

"He spends 18 hours in his own company each day," Mr Georgiou said. "It's an appalling way to treat persons who are presumed innocent."

Rob Stary, acting for Mr Aweys, said the case against his client was weak and his wife was about to give birth to their fourth child. He also said recent publicity about the case might mean that Mr Aweys would not get a fair trial.

Mr Reardon said he hoped to make a decision about the bail applications today.