Abdul Nacer Benbrika (Arabic: عبد الناصر بن بريكة) (born in Algeria c. 1960), also known as Abu Bakr (Arabic: أبو بكر), is a convicted criminal, who served a custodial sentence of fifteen years, with a non-parole period of twelve years, for intentionally being the leader and a member of a terrorist organisation.
He arrived in Australia in May 1989 on a one-month visitor's permit, on which he twice gained extensions, and settled in the northern suburbs of Melbourne, an area with a large Muslim population.
After his permit expired in 1990 he became a prohibited non-citizen, then spent the next six years fighting through the Immigration Review Tribunal appeals process, for the right to stay.
"[2] Benbrika's students included a number of those arrested along with him in November, one of whom is alleged to have undergone military training in Afghanistan.
Benbrika came to public attention when he told an Australian ABC interviewer: "Osama bin Laden, he is a great man.
He was quoted as defending Muslims fighting against coalition forces in Iraq and Afghanistan, and said anyone who fought in the name of God would be forgiven their sins.
It is said that on the advice of ASIO, the Australian Parliament amended the law relating to terrorism, broadening the definition of planning 'a' terrorist act.
Several of his fellow defendants applied for bail on numerous occasions during their pre-trial remand detention in the maximum security Acacia Unit of Barwon Prison, from November 2005 until their trial began in February 2008.
According to the Melbourne Herald Sun, the group was "plotting a terrorist spectacular on the scale of the al-Qaeda attacks on London and Madrid.
She said although the group had no known specific target, "We were concerned that the attack was imminent, and we believe that we have sufficient evidence that will go before the courts to show that.
"[citation needed] In company with the other defendants, Benbrika appeared in a Melbourne court in March 2007, under extremely strict security.
The case was presided over by Justice Bernard Bongiorno and was initially prosecuted by Nick Robinson, but later trials included Richard Maidment SC as prosecutor.
Benbrika was represented in court by Remy Van de Weil QC, instructed by solicitor Josh Taaffe.
[13] At a hearing in February 2008, the prosecution in its opening remarks outlined the details of 500 phone conversations, recorded by telephone intercepts and hidden listening devices, between Benbrika and the 11 men in his group also on trial.
Bongiorno also said evidence "suggested that Benbrika was still committed to violent jihad, had shown no contrition for his offences and had talked about continuing the group's activities behind bars if its members were jailed".
[23] Despite having completed his sentence on 5 November 2020, Benbrika was kept in jail until 19 December 2023 under an interim order from the Victorian Supreme Court.
On 1 November 2023, it was announced the High Court of Australia in a 6–1 split, found the law was invalid, restoring Benbrika's Australian citizenship.
The reason for the continued detention was due to a ruling that Benbrika posed an unacceptable threat to the Australian public.