A convicted terrorist whom Australia had wanted to strip of his citizenship and deport will be released into the community on Tuesday under strict conditions.
Algerian-born Muslim cleric Abdul Benbrika will be released from prison on a supervision order for 12 months following a ruling by Victoria state Supreme Court Justice Elizabeth Hollingworth. Police had argued for the order to last for three years.
Benbrika must wear an electronic ankle bracelet to track his movements and abide by a nightly curfew.
The 63-year-old was convicted in 2008 of three terrorism charges related to a plot to cause mass casualties at a public event in Melbourne. No attack took place.
He was sentenced to 15 years in prison and would have been released in 2020. But his sentence was extended by three years under a recent law that allowed the continued detention of prisoners convicted of terrorism offenses if a judge ruled they posed an unacceptable risk to the community if released.
In 2021, Benbrika lost a High Court challenge to his continued detention in a 5-2 split decision. But he won a High Court challenge in October to a law that enabled a government minister to strip him of his Australian citizenship in 2020 over his terrorism convictions.
A majority of judges found the law was unconstitutional because the minister was effectively exercising a judicial function of punishing criminal guilt.
With Benbrika’s Australian citizenship restored, Australia lost the option of deporting him when he was released from prison.
The government rushed laws through Parliament last week that allow a minister to apply for a judge to cancel a convicted terrorist’s citizenship at the time of sentencing. But the new laws do not apply to Benbrika.
Benbrika watched Tuesday’s court hearing via a video link from prison.
Hollingworth ruled that a supervision order was necessary because Benbrika continued to pose an unacceptable risk to the community.
Benbrika will be blocked from discussing extremists activities publicly but can do so in the course of his deradicalization program. He will need permission from police to start a job or perform volunteer work and cannot visit numerous public places.
Police have powers to monitor his electronic communications and he will not be allowed contact with people in prison or with criminal convictions for a list of offenses.
