Asio and federal police officers legally detained a 15-year-old terror suspect in a hotel for multiple days without charge and without his lawyers being aware of his location, his solicitor alleges.
The teenager, who cannot be named for legal reasons, was one of seven people arrested by the Joint Counter Terrorism Team in the aftermath of the high-profile stabbing of Bishop Mar Mari Emmanuel in April.
Ahmed Dib, the teenager’s lawyer, said that after a number of hours at the police station, he and his staff found they were unable to contact their client.
Staff in Dib’s office spent the following three days attempting to locate the teenager, during which time it became apparent he was being detained with his mother in a hotel in western Sydney.
Dib was only able to make contact once the teenager was returned to a police station and charged with conspiring to do an act in preparation for a terrorist act.
“He had been handcuffed … with AFP officers doing clockwork rostering, monitoring him 24 hours,” Dib said.
“If he had to go to the bathroom, they were essentially holding his shoulder, whilst he was going to the bathroom.”
The teenager had come to police attention due to his alleged membership of a group chat called “plans” on the encrypted messaging app Signal, where police claim he was conspiring to plan a terrorist act.
“For a young person to be then detained for three days without any charges, it just appears to me to be completely procedurally unfair,” Dib said.
“Obviously that’s something that you would not want your child to go through.”
Peta Lowe, a counter-terrorism expert who was engaged to write a report assessing the teenager in relation to his bail application, said he had spoken about his experience in hotel detention.
“He spoke about the ordeal … including that he felt he wasn’t able to contact people … and that he wasn’t sure what the purpose of being there was,” Lowe said.
“He wasn’t allowed to leave and he wasn’t sure what was going to happen to him as a result of it … he was unsure whether or not he was obliged to answer questions.”
Several laws introduced in the last decade allow police and intelligence agencies to detain and question terror suspects as young as 14 without charge.
This includes New South Wales legislation introduced in 2016 which allows police to hold teenagers for up to two weeks, and 2020 legislation allowing Asio to question suspects as young as 14.
Responding to questions on behalf of the Joint Counter Terrorism Team, a spokesperson for NSW police said that “JCTT managed the arrest and detention in accordance with applicable law”.
“As these matters are before the court, no additional comment can be made.”
Lowe, who has worked on dozens of terrorism cases, many involving minors, said this was the first time she had seen the laws used in this way.
“There is legislation that allows young people in terrorism cases to be held without charge, but to my knowledge this would be the first time they’ve been used,” she said.
“I think this is hugely concerning … we have protections in place for children and young people because we recognise their vulnerabilities … it was very intimidating for a young person to be in that position.
“Everyone has the right to fair process, especially when you’re looking at a vulnerable young person.”
In June, the teenager was granted bail by the NSW supreme court judge Deborah Sweeney, who said that although the teenager expressed “violent views”, the police facts statement seemed “a bit thin”.
