Event and Time
Event Description
On 15 September 2021, Khaled Temssah pleaded guilty to engaging in conduct preparatory to an incursion into a foreign country for the purpose of hostile activity, violating Section 119.4(1) of the Criminal Code Act 1995 (Cth). He was earlier charged with preparation for potential terrorist actions linked to Islamic State in Kashmir, and subsequently sentenced to 4 years and 9 months in prison. Temssah completed his sentence and was released on 18 March 2024.
Application and Claims
In anticipation of his release, the Attorney-General sought an interim supervision order (ISO) against Temssah, lasting for 28 days, which would impose 21 conditions limiting his liberty. This application was filed three weeks prior to his release. The Attorney-General also sought an extended supervision order (ESO) that would enforce supervision for an additional two years after the ISO period.
Judicial Decisions
On 21 March 2024, the court granted the Attorney-General’s application for the ISO despite the hearing occurring the day after Temssah's release due to delays and procedural issues leading to prejudice against him. The Court made several orders under Section 105A.9A of the Code, and enforced confidentiality protections regarding sensitive material related to Temssah's personal circumstances.
Dispute Points and Legal Basis
Dispute Points
Claims and Arguments:
- Attorney-General:
- The application for an ISO is justified due to national security concerns regarding Temssah's prior terrorist conduct. - Affidavits from various experts (psychiatrists, police commanders, etc.) and relevant evidence were presented to support claims of "unacceptable risk".
- Khaled Temssah:
- Opposed the making of an ISO, but did not provide evidence at the hearing largely due to the last-minute provision of critical exculpatory documents. - Argued that the late commencement of the proceedings hindered his ability to prepare and garner expert testimony on the risks associated with the order.