THERE is no evidence that a man who allegedly posted violent, racist, nationalistic and anti-Islamic content on Facebook - including a post that alluded to an imminent mass casualty attack on a mosque packed for Friday prayer - was taking any active steps to carry out an attack or had access to any weapons, Newcastle Local Court has heard.
But the risk that Cormac Patrick Rothsey, 43, poses to the community is "significant", must be viewed in the context of the Christchurch massacre and cannot be mitigated by any bail conditions, a magistrate has found.
Mr Rothsey has been charged with using a carriage service to menace, harass or offend in relation to 10 days of increasingly violent anti-Islamic rhetoric espoused on two of his Facebook pages that culminated in posts that were deemed such a significant threat that Joint Counter Terrorism police launched a major operation to locate and arrest the homeless 43-year-old.
"Australia Cormac Rothsey mosque raid soon," Mr Rothsey allegedly wrote on Facebook at 2.53pm on September 5, a Thursday. "Make ya movie (sic). "No turning back." At 3.54pm that day, Mr Rothsey allegedly wrote: "F---in' hell. Let's do it."
That followed a number of posts expressing admiration for accused Christchurch terrorist Brenton Tarrant and threatening to kill New Zealand Prime Minister Jacinda Ardern. One post stated: "my aim is to go to Friday prayer in a packed mosque. No turning back when called to prayer".
Mr Rothsey applied for bail on Monday, a second application for release since heavily armed police swarmed on him in Beaumont Street, Hamilton about 5.10pm on September 5.
Solicitor Hannah Bruce, for Mr Rothsey, said he could be granted strict conditional bail to live at a boarding house that prohibits the use of alcohol or illegal drugs and could be banned from using Facebook or the internet.
"There is no evidence that any active steps were being taken to harm anyone," Ms Bruce said. "To prepare for any terrorist act. The only allegations before the court are these posts. Serious conduct, yes. But I think it's important that the court makes a distinction between active steps to inflict harm and posts on the internet."
Magistrate Susan Horan said the nature of the posts were "most concerning" and the risk that Mr Rothsey would commit a serious offence or endanger the community if granted bail was "significant".
"These posts do not appear in a vacuum," Ms Horan said. "The events of Christchurch loom large. He has allegedly expressed a willingness to lose his own life for his cause. There is some specificity about his plans. I am just not prepared to grant him bail, the risks are too great."
The matter was adjourned until December 11.
Commonwealth DPP solicitor Anna Payten said the matter will ultimately be heard in Newcastle District Court, where Mr Rothsey faces tougher maximum penalties if convicted.
