Terrorist bid for freedom fails in ‘unanimous’ decision

Abdul Nacer Benbrika has lost his bid to overturn a court decision keeping him behind bars until 2023.

Terror suspect and Muslim cleric Abdul Naser Benbrika is escorted from the Victorian Supreme Court in Melbourne, after his conviction and sentencing on terrorism charges.

Terrorist Abdul Nacer Benbrika has lost his bid to overturn a court decision keeping him behind bars.

Last year Benbrika, who has previously plotted attacks on Melbourne’s Crown Casino and the MCG on grand final day, last year finished serving a 15 year sentence for being the leader of Australia’s largest terrorist network.

But in December Victorian Supreme Court justice Andrew Tinney ruled Benbrika posed an “unacceptable risk” to the community should he be released and ordered he remain in jail until 2023 under a community detention order.

On Tuesday, the court ruled Benbrika’s appeal to overturn that order was dismissed.

“It is the unanimous view of the court that this appeal should be dismissed,” the court heard.

Benbrika’s lawyer Dan Star argued in October specific offences that made the terrorist an unacceptable risk should have been identified.

Mr Star said the judge who ordered Benbrika to remain behind bars should have identified the specific serious offences that made him an “unacceptable risk” of committing crimes if released.

He also argued another ground was that the original judge made an error in law on admissibility of evidence in the case and risk assessments.

Algerian-born Benbrika was first arrested in 2005 as one of more than a dozen people caught up with Operation Pendennis, one of the country’s largest counter-terrorism investigations.

The terror leader was a known supporter of Osama bin Laden and was described as the “guiding light” of the terror network.

Benbrika was never granted parole and his sentence with time served expired on November 5, 2020.

His citizenship was revoked in December last year.

The Court of Appeal judgment is expected to be released on Tuesday afternoon or Wednesday morning at the latest.

With NCA Newswire