A Sydney man facing terrorism charges will remain inside Goulburn’s Supermax facility after the New South Wales supreme court rejected his application for bail, finding the case against him “reasonably strong”.
But justice Peter Garling expressed concerns that legal aid was being partially withheld from Omarjan Azari, noting “an absence of adequate legal representation would not be in the interests of justice”.
The Guildford man, who was arrested as part Australia’s largest terrorism raids, last September has been charged with making funds available to a terrorist organisation, conspiracy to murder and making preparations for a terrorist attack.
Azari has been classified AA – the state’s highest security rating – and is one of just two people confined inside the Supermax facility while on remand.
Lawyers for Azari sought his release last month, arguing the 23-year-old was being held in “harsh and oppressive” conditions and being denied a full grant of legal aid. But after reviewing the crown’s evidence on Tuesday, Garling said the case against Azari was “reasonably strong”.
“I have concluded that that material does provide reasonable support for a conclusion that the crown will … be able to comfortably satisfy a jury that the applicant has committed the offences which are alleged,” he said.
The court was “not in a position, on the evidence” to rule whether Azari’s AA-classification was appropriate, saying it was “a matter for correctional staff”.
AA-classified prisoners are regarded as an “extreme danger to other people” and banned from speaking or writing in Arabic to visitors.
At least six other AA prisoners in Supermax have conducted a hunger strike over the conditions, which were toughened in April to eliminate the risk of prisoners “coordinating terrorism activities or inciting extremism from inside prison”, Corrective Services NSW said.
Azari’s arrest came three days after police intercepted a phone call between him and Mohamed Ali Baryalei, a senior member of Islamic State (Isis) thought to have been killed last year in a drone strike in northern Syria.
A court has heard allegations that Baryalei told Azari to snatch “any random unbeliever” and “finish him, finish her [and] put the flag of the state in the background”.
“Yeah,” Azari allegedly replied.
The court has previously heard the crown relied on a transcript of the phone call that contained “glaring” translation errors. But Garling said on Tuesday that even with the correct translation the case against Azari was strong.
Azari appeared via video link on Tuesday with short hair and a close-cropped beard. He will next appear on 23 September; his trial is expected to begin in the second half of 2016.
The other inmate on remand inside Supermax is Sulayman Khalid, a 20-year-old accused of possessing documents “designed to facilitate a terrorist act”.
