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Tara Cosoleto

Push for more supervision over terrorist Benbrika fails

A court bid to place more restrictions on convicted terrorist Abdul Nacer Benbrika has failed. (HANDOUT/NETWORK SEVEN)

Convicted terrorist Abdul Nacer Benbrika repeatedly met with a man jailed over a violent stand-off involving counter-terrorism officers.

The federal attorney-general's office made the assertion in the Victorian Supreme Court on Tuesday during an unsuccessful application to alter Benbrika's supervision order.

Benbrika, who was jailed over a plot to attack the MCG, is under an interim order with conditions that he participates in psychiatric treatment and a deradicalisation program.

The order was due to be extended for another month on Tuesday but Zoe Maud SC, representing the federal attorney-general, sought further restrictions.

She claimed Benbrika has been in contact at least three times with Joshua Clavell, who was jailed in 2020 over a police stand-off in Victoria's northeast.

Counter terrorism officers were involved in the June 2019 incident at Barnawartha North, where Clavell was shot after ramming a police car and running at officers with a knife.

Ms Maud said Benbrika spoke to Clavell at least twice in November and once in December, and he did not report these conversations to his treating clinicians.

On the November 20 meeting, the pair drove together, went to a cafe for a coffee and discussed topics including how monitoring works and bullets.

There were no restrictions on Benbrika speaking to Clavell and he didn't specifically say anything prohibited but the conversation topics were concerning, Ms Maud said.

Benbrika also did not report the conversations to his clinicians which suggested he either did not have insight into the risk or he was being purposefully secretive, the barrister said.

The attorney-general was seeking an order prohibiting Benbrika from associating with Clavell, as well as restricting his access to devices, the internet and certain applications.

But Benbrika's barrister Dan Star KC argued his client had not breached his current order and there was no reason to further restrict his liberty.

He urged the justice to extend the interim order only under the therapeutic treatment conditions.

Justice James Elliott agreed there should not be further restrictions in place and dismissed the attorney-general's application.

Benbrika's interim order, with only the therapeutic conditions, was extended to March 13.

A trial over whether Benbrika's interim order should become more permanent is due to start in March.

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