TRANSCRIPT
After two decades behind bars Abdul Nacer Benbrika, convicted of plotting to blow up the MCG in 2005, is a free man.
The self-proclaimed sheikh finished his sentence in 2020 but was subject to a continuing detention order after then-home affairs minister Peter Dutton revoked his Australian citizenship.
The High Court found that act unconstitutional.
Now the Victorian Supreme Court has ruled his ongoing punishment should end.
Deputy Opposition Leader Sussan Ley says the release of Benbrika is an unfortunate event.
"The government has ended the year by releasing a terrorist into the Australian community. Benbrika is the worst of the worst. This is a person who sought to harm Australians in the worst possible way."
His release on Tuesday December 19 came after Justice Elizabeth Hollingworth ruled in the Victorian Supreme Court that he will be subject to strict conditions.
Benbrika will be subjected to electronic monitoring, limited social interactions, compulsory de-radicalisation and psychiatric treatment.
Attorney-General Mark Dreyfus has told ABC radio he applied for the imposition of these restrictions to the Supreme Court thinking Benbrika would be a threat to the community.
"I decided that he would pose some risk, which is why in February of this year, I applied for an extended supervision order to the Supreme Court of Victoria. And the court has today granted that extended supervision order with 30 really strict conditions."
The federal government has come under fire from the Opposition for not seeking a continued detention order that would keep Benbrika behind bars.
Prime Minister Anthony Albanese says they have done all they possibly could.
"It's a matter of the law. It's not a matter of my view. It's a matter of the law and we have put in place the strongest possible recommendations to ensure community safety. And it is a good thing that the courts have determined to do that."
But Ms Ley has slammed the government's handling of the situation.
"This is not good enough. And it's not good enough that the Prime Minister cannot reassure Australians about their safety in the lead up to Christmas. We lock the terrorists up, Labor lets them out."
But an Independent review of Australia's national security laws, has labelled the former Coalition government's treatment of Benbrika as a 'disgrace' after it withheld an expert report from the courts critical of how Benbrika's risk of re-offending had been assessed.
Migration lawyer Hamish Glenister says there is no reason for Benbrika to remain behind bars.
"He's served his sentence, there's been no further application for a continuing detention order, and from what we can all understand there was no basis for such an application, so he's entitled to his freedom like any other Australian citizen."
The federal government will consider legal advice before announcing their next steps in the situation.
