Convicted terrorists lawyers bemoan ‘draconian’ detention scheme
A convicted terrorists lawyers say the government are effectively trying to impose harsher conditions on him if freed from prison compared with when he was jailed.
Lawyers for convicted terrorist Abdul Nacer Benbrika say an order that kept him in jail for more than two years after already serving 15 is “draconian” as they challenge plans to curb his freedom if he is released into the community or placed in immigration detention.
Appearing for Benbrika, Dan Star KC, told the Supreme Court of Victoria Australia’s Attorney-General was trying to have harsher conditions put on his client when his continued detention order lapses in December.
“The starting position is that Mr Benbrika has served his full 15 years sentence for crimes he committed. These are crimes (committed) all the way back in 2004 and 2005, obviously that is a very long time,” he said.
“In addition to his full 15 years imprisonment he has remained in jail for another 2½ years under a continuing detention order. We will be making this point … the continuing detention order is the most stringent or draconian order that can be made.
“We submit the Attorney-General is in effect seeking an order that is more restrictive than a continuing detention order, in effect seeking to tack on to what would be a continuing detention order extended sentence order conditions with restrictions.”
The comments were made in Mr Star’s opening statement on the second day of Benbrika’s trial, in which he is challenging the continuing detention order.
Benbrika is also challenging a decision made by Home Affairs Minister Clare O’Neil to cancel his ex-citizen visa in the High Court.
If his visa is cancelled, Benbrika will be moved into immigration detention.
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