Commonwealth launches bail challenge for accused terror teen

Commonwealth launches bid to keep 14-year-old boy who allegedly had beheading videos and ­IS anthems on his phone behind bars.

A JCTT involving NSW, AFP and ASIO officers executed warrants and made arrests in Sydney. Picture: NSW Police Media

A 14-year-old boy who allegedly had videos of beheadings and ­Islamic State anthems on his phone was granted bail by a ­Parramatta magistrate, forcing the commonwealth to launch an appeal to keep him behind bars.

The appeal against the 14-year-old being granted bail came as it was revealed some of the other four alleged terrorist teens were already in front of the courts for assaults and one was allegedly on the NDIS for psychological issues.

The five teens were arrested after material on the device of a 16-year-old boy who allegedly stabbed an Assyrian Christian bishop last week during mass led law-enforcement ­officials to a messaging group on an encrypted app where the teens were allegedly discussing terror plots.

All five teens faced Parramatta Local Court on Thursday. Three on terrorism offences were put into remand without applying for bail, a 17-year-old charged over possessing extremist material was denied bail, and the youngest on extremist material charges was allowed to leave custody due partly to his age.

The 14 year-old was allegedly found during the raid to have videos of beheadings and other violent acts overlaid with the ISIS emblem and music on his phone. Children’s Court magistrate Paul Mulroney granted bail largely because of his age and information he “did not intend to deliberately support terrorism”. But the boy remains in custody after commonwealth prosecutors indicated they would appeal against the decision in the Supreme Court.

Mr Mulroney said while police did not allege the boys had necessarily created or shared any of the imagery, “the young person has received it, he’s seen it, (and) he’s done nothing about it”.

The magistrate called the ­material “distressing”, “reprehensible” and “depicting the worst behaviour of humanity”. He said there was a strong prosecution case for both minors, but it was not certain they would receive a full custodial sentence if ­convicted.

Mr Mulroney denied bail to a 17 year-old charged over the same offences as the 14-year-old ­because he was in possession of material of ­“appreciably greater seriousness”, namely videos that referenced both Hamas and ISIS, and described how to make explosive devices.

The teenagers were arrested by a joint taskforce of NSW police, federal police and ASIO officials on Wednesday. The two 16-year-olds charged with conspiring to engage in an act in preparation for, or planning, a terrorist act did not apply for bail.

A second 17-year-old has been charged with conspiring to engage in an act in preparation for, or planning, a terrorist act as well as possessing a knife in a public place. That teen also did not apply for bail, but will file an application next Tuesday.

The teens were arrested by a joint counter-terrorism taskforce. Picture: NSW Police

The trio who did not apply for bail will return to court on June 21, with the prosecution’s brief ordered to be served the next day.

The Australian understands that some of the teens are facing charges in court over assaults that appear to target gay men.

A relative of one of the teens told The Australian that on Monday – two days before the raids – that the teen had been arrested by police for allegedly throwing rocks and planks of wood at a man at a liquor shop.

Parents of the boys believe the teens were part of a group chat with about 50 to 80 boys. Discussions between the parents suggest there was an adult in his 60s in the encrypted app conversations. “He’s in his 60s because he’s been known to do silly things in the name of the religion,” one said.

When pressed on this claim, they would not elaborate further.

One parent said of their child: “I look after him … he’s not allowed out at night, but what teenager is going to let you go through his phone? We are practising Muslims, but we don’t overdo it. We don’t take the religion out of proportion and do what we want, like these people that are radicalising these children.”

When asked whether their son had been radicalised, they said: “I don’t think so. I think he just tried to act cool because you know how teenagers want to be strong. That’s what I think he was doing. I’m strong, I’m not scared of anything. He doesn’t even pray.”

One of the boys had met another co-accused at the shops during the Christmas holidays.

The mother of the 14-year-old boy attended court to give evidence about additional videos police allege the child created inside his home, including a video of what police allege was the boy’s hand holding a knife. She said she had never seen the home where the video was filmed, nor the knife.

She also wrote a letter to the court describing the “moderate background” the child had come from “in terms of a religious perspective”.

The prosecution argued that the boy had been apprehended on Wednesday to “quell” any violent radicalisation, but his barrister Jehane Ghabriel argued there was “absolutely no evidence” that the young person “did anything with (the material) that would facilitate radicalisation in any way”.

In granting bail, Mr Mulroney said he had received information “that gives me some small amount of comfort” that the young person’s intention was not to “deliberately support terrorism or to deliberately encourage unlawful behaviour”, but he did not detail what that evidence was.

Mr Mulroney said it was “not an easy decision" to deny the 17-year-old bail.

The court heard he had been granted bail following a related incident on April 9.

“At age 17, a person is nearing adulthood and nearing the age that should be expected they have an understanding of the consequences of their behaviour,” Mr Mulroney said.

A person close to one of the teenagers – a 17-year-old charged with conspiring to commit an act of terrorism – alleged he had mental health issues and was on the NDIS. “He’s sick … we’ve struggled with him and his mental health issues for a while,” the family member said. “(When) you say left, he goes right.”

Parents of the 16-year-old charged with a terror offence last week after allegedly stabbing Bishop Mar Mari Emmanuel said their son had severe anger issues, suggesting he might have an ­undiagnosed autism spectrum ­disorder. Jamal Rifi, a retired GP who had been in contact with that boy’s family, said it seemed “people think Australian Muslims were immune to mental health disorders”. The community leader claimed the teenager had even been scheduled under the mental health act upon his arrest at hospital after the alleged stabbing.

“He suffered injuries to his finger, that’s well-known, but he also had a manic episode,” Dr Rifi said.

Dr Rifi said the community “already and repeatedly” warned law enforcement about “online radicalisation” and its dangers to young Muslims.