Abdul Nacer Benbrika ‘terror threat if freed’

It will be almost impossible to prevent Abdul Nacer Benbrika influencing others to carry out a terrorist attack if he is free, the AFP claims.

Abdul Nacer Benbrika. Picture: Kym Smith

It will be almost impossible to prevent Abdul Nacer Benbrika influencing others to carry out a terrorist attack if he is free, the AFP claims, despite a strict control order being issued by the Federal Court aimed at curbing his religious influence.

A hearing is under way in the Victorian Supreme Court to issue a continuing detention order and keep Benbrika in jail for another three years.

His 15-year sentence for being part of twin terror plots in Melbourne and Sydney expired last month and he is currently on an interim detention order.

Home Affairs Minister Peter Dutton has revoked Benbrika’s citizenship and Benbrika is expected to be deported to Algeria if released from jail.

Lawyers for the government have told the court releasing Benbrika with a strict control order is a greater risk to public safety than keeping him in jail.

AFP assistant commissioner Scott Lee said he was concerned radicalised or vulnerable young people will seek out Benbrika’s counsel and direction in respect to religious teachings.

“Mr Benbrika will seek to associate with, influence and direct such people,” Mr Lee said in his affidavit.

He said Australians who would have travelled overseas to fight for Islamic State will also be vulnerable to Benbrika’s influence to commit terrorist acts in Australia.

“Mr Benbrika’s influence and direction of such people will be aligned with a rigid extremist ideology that is supportive of violent jihad and Mr Benbrika will therefore influence, incite, urge or direct a number of Australians to commit violent jihad,” Mr Lee said.

He said it would be “extremely difficult if not impossible” to frame a non-association control that would prevent Benbrika from influencing others to commit terrorism.

“His risk relates to his potential influence over countless others who may seek out his teachings including not only family members and known associates, but also followers who are unknown to the AFP,” Mr Lee said.

Justice Anthony Besanko issued a control order in the Federal Court on Tuesday, setting a curfew and ordering Benbrika to wear a tracking device if released.

Benbrika is also prohibited from forming prayer groups, in or out of the mosque, leading prayers or influencing anyone about religion in any group.

“Mr Benbrika has a demonstrated capacity and apparent willingness to exert significant ideological influence over others,” Justice Besanko said.

He is prohibited from transferring $500 or more to anyone without notifying police and also can’t make a donation, gift or financial contribution to an organisation or charity without notification.

Justice Besanko also made orders in relation to public appearances, publishing and possessing material related to violence, jihad and terrorist activities. Benbrika’s communications are limited to one email account and one mobile phone.

He also can’t communicate with anyone in 14 countries including Iraq, Syria, Afghanistan, Pakistan and Indonesia.

“Mr Benbrika’s commitment to an extremist ideology supportive of religiously motivated violence is of even greater concern in view of his identification as a religious authority figure or a sheik,” Justice Besanko said.