#benbrika

[brexiiton]

Convicted terrorist Benbrika freed under strict orders after plots to attack AFL grand final

By Dominic Giannini, 4:01pm Dec 19, 2023

Convicted terrorist Abdul Nacer Benbrika will be released from prison under more than 30 strict conditions after a push to keep him behind bars due to community safety risk was abandoned.

Benbrika, who appeared in court via video link, spent nearly two decades behind bars after being convicted over plots to attack the MCG during the 2005 AFL grand final, and Melbourne's Crown Casino.

He was released on Tuesday after justice Elizabeth Hollingworth ruled in the Victorian Supreme Court he will be subject to strict supervision and a curfew for one year.

Convicted terrorist Abdul Nacer Benbrika has been released from prison. (ABC)(ABC)

Benbrika, aged in his 60s, was spotted being driven out of Barwon Prison in the back seat of a dark-coloured ute.

He will have to wear an ankle monitoring bracelet and cannot leave Victoria without approval, with police to be given extensive powers to monitor his electronic communications.

He also cannot contact certain individuals, including people in prison, convicted terrorists, those charged with such offences and people on a list prescribed by the court.

Benbrika will continue to receive psychological treatment, will need permission from the police to start a job and cannot visit numerous public places.

He will be blacked from discussing terrorist activities publicly but can do so in his deradicalisation program.

Breaching conditions of the supervision order is a criminal offence and carries a maximum penalty of five years' imprisonment.

Benbrika being driven out of Barwon prison in the back seat of a dark-coloured ute. (9News)

Justice Hollingworth agreed Benbrika's "relative risk is still unacceptable at this time" due to the serious nature of his offending.

But she was satisfied "the combined effect of the conditions ... is reasonably necessary and reasonably appropriate and adapted for the purpose of protecting the community from the unacceptable risks that Benbrika presents".

Attorney-General Mark Dreyfus said he had faith in law enforcement agencies to protect the community.

The supervision order was the strongest course of action as an extended prison sentence could not be ordered by the court given the risk reduction, Dreyfus said.

"The court held that these conditions were sufficient to protect the community," he said in a statement.

But acting opposition leader Sussan Ley slammed the government for not fighting to keep Benbrika behind bars.

"Benbrika is the worst of the worst," she said.

"The government has not done everything they could have done to keep Australians safe from this convicted terrorist."

However, part of the reason the Commonwealth opted for a supervision order over continuing detention was a report buried by the home affairs department under the former coalition government.

Benbrika will be subject to more than 30 strict conditions. (ABC)

It found the methods used to assess the future risk a person poses to the community were no better than flipping a coin.

It was "clearly a document that should have been disclosed," Hollingworth said.

She also revealed four other reports critical of the assessment tool had not been disclosed and slammed the Commonwealth for its secrecy.

While an assessment tool isn't legally required to be used, any reliied upon needed to be based on evidence and "have some underlying validity", she said.

It was concerning the department didn't disclose any of the reports to the court, Justice Hollingworth said, after previously branding the move "a disgrace".

The Commonwealth decided to apply for a supervision order after Benbrika's lawyers seized on one of the reports to challenge the veracity of the detention order he was under once it come to light.

The onus remained on the government to keep him behind bars, Ley said when asked if the former coalition government bore any responsibility for a detention order not being imposed after failing to disclose the report.

The non-disclosure of the reports will be referred to the national security legislation watchdog by the judge after her full written reasons are released.

Preventative detention was an exceptional measure but "not the norm" within a legal system, Justice Hollingworth added.

The legal system's role "is not to detain people to prevent a crime that they may or may not commit in the future".

[badrrr]

Some of the names that had previously been mentioned here in this channel. The least we can do is to atleast mention the ones we know..

Our scholars from Bangladesh who are behind bars, among whom are:

Sheikh Jashim Uddin Rahmani

Sheikh Hārūn Izhar

Sheikh Ali Hassan Osama

Sheikh Mahmud Hasan Gunvi

Sheikh Abu Taha with his two assistants Amir Uddin Foyez and Abdul Muhit

Our Scholars, students of knowledge and preachers who have been imprisoned and tortured by Tawagheet Regimes, among whom are:

Shaykh Nāṣir alFahd

Shaykh Sulaymān Nasir al-Alwan

Shaykh Waleed As-Sinani

Shaykh Khalid Rashid

Shaykh Ali al-Khudayr

Shaykh al-Khalidi

Shaykh Saud al-Obaid al-Qahtani

Shaykh Ahmad al-Asir

Shaykh Faisal

Shaykh Benbrika

Shaykh Abu Baraa- As-Sayf

Shaykh Abu Umar

Abu Hamza al-Misri

Abu Hamza (ATP)

Abu Imran (Belgium)

Abu Ilyas (Holland)

Abu Abdurrahman (Denmark)

Our scholars who had been k***d in the way of Allah after imprisonment:

Shaykh Musa al-Qarni

Shaykh Faris az-Zahrani

Shaykh Hamad al-Humeidi

Shaykh Abdul Aziz al-Tiwayli

Others:

Afiya

Hayla al-Qusayr

Umm A 

Umm Abdul Qayoom 

Ukht M and her daughters S and R (UK)

Sabir Miah (UK)

Ali Hussain (UK)

Safiyya (UK)

Safiya Yassin (USA)

Our young Deutsch

sis & student of Shaykh AMJ

Muhammad Abu Bakr (Minshawary)

Ali Bhola

Abul wali AbuKhadir Muse (The Smiling Somali)

Iqbal Khan (India)

Abu Syahla

Muhammad

Abu Yousuf

Brother R

Abu I and Abu N

Ukht S & Ukht H from India

Umm Hud

Sister A

Sister B & siblings & their mother 

Umm Mariyah

Brothers Jahanzaib, Nabeel, Abdullah Basit

Sister S (Bangladesh)

Our dear brother Muhammad Azharuddin

Brother 'Talib Exposed'

Brother Abu Luqman (Anjem) 

Brother Khaled 

Abu Fazul

Abu Umar (Pakistan)

Iqbal

Ibn Tsar (Chechen)

Hadi Nabi

Abu Ibrahim 

Ari and Alan 

Last edited on 25 Sep 23

Shared

اللهم فك قيد اسرانا و اسرى المسلمين

[freequizbank]

Convicted terrorist has Australian citizenship restored _ FreeQuizBank.com - Free Exam Practice Questions for LANTITE Numeracy, Mathematical Reasoning - OC, Selective and Scholarship Tests @acereduau #NSWeducation #AusEdu @AusGovEducation @ServiceNSW

[vprogresseducation]

Convicted terrorist has Australian citizenship restored _ FreeQuizBank.com - Free Exam Practice Questions for LANTITE Numeracy, Mathematical Reasoning - OC, Selective and Scholarship Tests @acereduau #NSWeducation #AusEdu @AusGovEducation @ServiceNSW

[qudachuk]

Judge suggests there may have been ‘interference with administration of justice’ and government officials could be referred ‘to relevant authorities’Get our morning and afternoon news emails, free app or daily news podcastThe Department of Home Affairs deliberately...

[worldfreshnews]

Australia live news: Albanese targets trade breakthrough at Apec; flood alerts in NSW

Australia live news: Albanese targets trade breakthrough at Apec; flood alerts in NSW

Key events Filters BETA Key events (2)Anthony Albanese (3)Australia (3) How to deal with terrorists after they serve their time? In a prison within a prison, a convicted terrorist who has finished his sentence waits for another day in court. “I’m like a person swimming in the middle of the ocean,” Abdul Nacer Benbrika said in a statement provided by his lawyers to the Guardian. “I look over…

[newzzhub]

Australia Revokes Citizenship Of Muslim Cleric Convicted Of Terror Charges

Australia Revokes Citizenship Of Muslim Cleric Convicted Of Terror Charges

[ad_1]

<!-- -->

Abdul Nacer Benbrika is the first person stripped of citizenship while still in Australia. (File)

Sydney:

Australia has cancelled the citizenship of an Algerian-born Muslim cleric who was convicted of leading a terrorist cell that planned to bomb a football match in Melbourne in 2005, Minister for Home Affairs Peter Dutton said on Wednesday.

Abdul Nacer Benbrika is now the…

[ndtvindia24hrs]

Australia revokes Muslim religious leader guilty of terror charges

Australia revokes Muslim religious leader guilty of terror charges

[ad_1]

<!-- -->

Abdul Nasr Benbika is the first person to be stripped of citizenship while in Australia. (File)

Sydney:

Australia revokes citizenship of an Algerian-born Muslim cleric who was convicted of heading a terrorist cell planning a bombing in a football match in Melbourne in 2005, Minister of State for Home Peter Dutton said on Wednesday .

Abdul Nasar Benabrica is now the first…

[brexiiton]

Law council joins calls to abolish Australia's powers to detain terrorist offenders to prevent future crimes

CHRISTOPHER KNAUS AND NINO BUCCI, APRIL 4 2023

Peak legal body endorses findings by independent monitor that recommends scrapping continuing detention orders

The Law Council of Australia has urged the federal government to abolish powers to imprison terrorist offenders in order to prevent possible future crimes. Photograph: Bertrand Langois/AFP/Getty Images

Australia's peak lawyers body has urged the government to abolish "fraught" powers that allow terrorist offenders to be imprisoned so as to prevent possible crimes being committed in the future.

Last week a damning report by Australia's national security law watchdog recommended scrapping continuing detention orders, which allow terrorist offenders to be imprisoned for three years on the basis of predicted crimes rather than for any crime they have committed.

In the report the independent national security legislation monitor, Grant Donaldson, said he doubted "that anyone knows whether [the powers] have made us safer" and said CDOs were completely disproportionate to any terror threat.

The use of such preventive imprisonment powers made Australia an outlier among western nations, he said.

"Australia leads the world in making laws of a kind discussed in this report," he said at the outset of his report.

The Law Council of Australia on Monday endorsed Donaldson's findings and called on the federal government to urgently consider reforms to abolish CDOs. "The Law Council's longstanding position is that the CDO regime is not a necessary or proportionate response to the threat of terrorism," said its president, Luke Murphy.

"Detention should not be available based on a prediction of a person's future risk, which is a fraught exercise in the absence of an empirically validated risk assessment methodology."

The attorney general, Mark Dreyfus, said he would "consider all of the recommendations" raised in Donaldson's report.

But he also said the government would "always put the safety and security of Australians first".

Asked whether the powers had made Australians safer, Dreyfus said: "I've only just received the report and of course have tabled it. We will be considering the report in due course."

The Australian Human Rights Commission has repeatedly expressed concern about the use of CDOs. In its submission to Donaldson, the commission said the regime "imposes very severe restrictions on liberty outside the parameters of the ordinary criminal justice system".

"In order to justify the extraordinary nature of the regime, there must be a substantial risk that the anticipated harm will in fact occur," the commission said. "The commission considers that the current threshold does not strike an appropriate balance by permitting orders for continuing detention to be imposed where the risk of future harm is slight."

Donaldson's report also criticised the former government's handling of a sensitive report, produced by academic Emily Corner, questioning the reliability of the tool used to determine a person's likelihood of reoffending.

The government did not release the report and did not provide it to the subjects of CDOs a fact revealed last year by Guardian Australia.

Donaldson described the handling of the report by the department as "shocking" and something of "very great concern".

"It is shocking that the orders have been made, and are being sought, with parties unaware that Dr Corner's report exists," he said. "As a result of this report, those who are the subject of applications for post-sentence orders, and courts dealing with these applications, will at least now be aware of its existence."

Guardian Australia has previously revealed that lawyers for the convicted terrorist Abdul Nacer Benbrika say the government may have conspired to pervert the course of justice when it did not disclose the report.

Donaldson's report also laid bare stark funding problems for the targets of CDO applications, which compromised their ability to be legally represented. Donaldson found virtually all defendants "will not be able to afford representation" and would be unlikely to be able to get support from legal aid bodies in various jurisdictions within necessary timeframe.

"The commonwealth has the obligation to fund defendants confronting these applications and must fund them timeously and adequately," Donaldson found.

The Law Council said it "strongly supports" the recommendation that the commonwealth be obliged to fund the legal costs of defendants.

"It is essential that defendants have, or be provided with, the capacity to respond to these applications in a manner consistent with their seriousness," Murphy said.

The law also allows for post-sentence supervision of terrorist offenders through extended supervision orders. Donaldson recommended that the ESO powers remain but be reformed to ensure they focus primarily on rehabilitation and reintegration.

The Law Council agreed in principle that ESOs should remain but backed the call for reform, saying there must be an effort to "improve proportionality and better achieve the objectives of rehabilitation and reintegration of the defendant into the community".

[newsyaari]

Australia Revokes Citizenship Of Muslim Cleric, Abdul Nacer Benbrika, Convicted Of Leading Terror Cell In 2005

Australia Revokes Citizenship Of Muslim Cleric, Abdul Nacer Benbrika, Convicted Of Leading Terror Cell In 2005

[ad_1]

<!-- -->

Abdul Nacer Benbrika is the first person stripped of citizenship while still in Australia. (File)

Sydney:

Australia has cancelled the citizenship of an Algerian-born Muslim cleric who was convicted of leading a terrorist cell that planned to bomb a football match in Melbourne in 2005, Minister for Home Affairs Peter Dutton said on Wednesday.

Abdul Nacer Benbrika is now the…

[freequizbank]

Trial considers release of terrorist before deportation _ FreeQuizBank.com - Free Exam Practice Questions for LANTITE Numeracy, Mathematical Reasoning - OC, Selective and Scholarship Tests @acereduau #NSWeducation #AusEdu @AusGovEducation @ServiceNSW

[vprogresseducation]

Trial considers release of terrorist before deportation _ FreeQuizBank.com - Free Exam Practice Questions for LANTITE Numeracy, Mathematical Reasoning - OC, Selective and Scholarship Tests @acereduau #NSWeducation #AusEdu @AusGovEducation @ServiceNSW

[go-21newstv]

Australia Revokes Citizenship Of Muslim Cleric Convicted Of Terror Charges

Australia Revokes Citizenship Of Muslim Cleric Convicted Of Terror Charges

[ad_1]

<!-- -->

Abdul Nacer Benbrika is the first person stripped of citizenship while still in Australia. (File)

Sydney: Australia has cancelled the citizenship of an Algerian-born Muslim cleric who was convicted of leading a terrorist cell that planned to bomb a football match in Melbourne in 2005, Minister for Home Affairs Peter Dutton said on Wednesday.

Abdul Nacer Benbrika is now the…

[letsjanukhan]

Terror plotter Abdul Nacer Benbrika appeals against continued detention

Terror plotter Abdul Nacer Benbrika appeals against continued detention

Justice Tinney ruled that Benbrika had not renounced or changed his previous beliefs, which “justified terrorist violence in the name of Allah”. “On my own analysis of the evidence, I am satisfied that the claimed change of heart by the defendant is a fabrication by him,” Justice Tinney said. Lawyers for the federal government will argue their case when the appeal continues on…

[newsmatters]

Australian court rules terrorists can be imprisoned longer

Australian court rules terrorists can be imprisoned longer

CANBERRA: Australia’s highest court on Wednesday upheld a law that can keep extremists in prison after they have served their sentences. Five of the seven High Court judges dismissed a constitutional challenge by convicted terrorist Abdul Benbrika who remains in a Victoria state prison despite his 15-year sentence expiring in November last year. The 60-year-old Muslim cleric is the first to be…

[brexiiton]

Convicted terrorist set for release into the community after Australian citizenship restored

By Dominic Giannini, 4:28pm Nov 1, 2023

A convicted terrorist is set to be released into the community after the nation's highest court restored his Australian citizenship and the Commonwealth backed down on keeping him in detention.

The High Court on Wednesday ruled that former home affairs minister Peter Dutton's move to strip Algerian-born Abdul Nacer Benbrika of his citizenship was invalid.

In a separate legal case before the Victorian courts, the Commonwealth conceded it could not meet the threshold to keep Benbrika behind bars after he served his sentence.

Abdul Nacer Benbrika was convicted over plots to attack Melbourne landmarks. (ABC)

A continuing detention order allows a person to be kept behind bars after completing their sentence on the basis that they pose an unacceptable risk to the community.

Both parties instead agreed to impose a supervision order, which allows for 24-hour monitori8ng including close scrutiny of telephone and online communications, friendships and movements.

Benbrika is expected to be freed before the end of the year after a Victorian judge determines the parameters of the supervision order.

His 15-year sentence was due to end in 2020 but the government was successful in keeping him detained under a continuing detention order, with a court ruling he posed an unacceptable risk to the community.

That order extended his detention until this month.

The push for his deportation has also collapsed after he was found to be an Australian citizen.

The High Court ruled the section of the Australian Citizenship Act that allowed the minister to cancel the citizenship of dual citizens who were serious offenders and had "repudiated their allegiance to Australia" was invalid.

The court determined it was invalid as it allowed the minister to punish criminal guilt, which was "exclusively judicial function".

The detention of a person was a temporary loss of rights and liberty whereas stripping nationality "is a permanent rupture in the relationship between the individual and the state", the High Court judgement affirmed.

In the 6-1 split decision, Justice Simon Steward disagreed with his colleagues' conclusion, arguing the cancellation of citizenship in cases where a person repudiates their allegiance to Australia was not a form of punishment.

"Rather, cancellation of citizenship is a recognition that by extreme conduct that person was inexorably separated themselves from the people as a community and from Australia itself," he argued.

Benbrika was arrested and convicted over plots to attack Melbourne landmarks in 2005, including the AFL grand final at the MCG.

The self-proclaimed Islamic cleric has also called on his followers to kill at least 1000 non-believers to force the Australian government to withdraw troops from Iraq and Afghanistan.

Home Affairs Minister Clare O'Neil noted the decision, saying the government would examine the judgement and its implications in detail.

The government needed to do everything in its power to keep the community safe, opposition foreign affairs spokesman Simon Birmingham said.

"The Albanese government needs to act with urgency to ensure that this directive can pose no threat to Australia, to ensure his continued detention and to look at whatever means are necessary to keep Australians safe," he said.

The coalition would offer bipartisan support for any measures, including legislation, to keep the community safe, Birmingham said.

O'Neil has flagged new laws to strip dual citizens found to engage in terrorist acts but says she wants to make sure they're robust enough to withstand a High Court challenge before introducing them.