WEBVTT - Why a convicted terrorist is getting his citizenship back

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<v Speaker 1>My name is Lily Maddon and I'm a proud Arunda

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<v Speaker 1>Bunjelung Cargoton woman from Gadighl Country. The Daily oz acknowledges

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<v Speaker 1>that this podcast is recorded on the lands of the

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<v Speaker 1>Gadighl people and pays respect to all Aboriginal and Torres

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<v Speaker 1>Strait Island and nations. We pay our respects to the

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<v Speaker 1>first peoples of these countries, both past and present.

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<v Speaker 2>Good morning and welcome to the Daily os. It's Monday,

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<v Speaker 2>the sixth of November. I'm Sam and I am joined

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<v Speaker 2>today for the very first time his podcast debut TDA

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<v Speaker 2>journalist Harry Sekolitch.

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<v Speaker 3>Thank you, Sam. I'm just so ecstatic to be here.

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<v Speaker 3>It's so good to have a new voice on the pod.

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<v Speaker 2>I mean, everyone loves the cast of characters we've got

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<v Speaker 2>on the pot, but there's always room for one more.

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<v Speaker 2>What are you going to bring us today?

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<v Speaker 3>Well, a convicted terrorist who's been in jail for eighteen

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<v Speaker 3>years has been given the green light to get back

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<v Speaker 3>his Australian citizenship after it was canceled in twenty twenty.

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<v Speaker 3>He plotted to blow up Australian landmark, but the High

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<v Speaker 3>Court has found the punishment didn't fit the crime.

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<v Speaker 4>Abdul Nassa Benbrika was convicted over terror plots, including one

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<v Speaker 4>to attack the Lucas Heights nuclear reactor.

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<v Speaker 3>So who is Abdul Nasir Benbrika? How is his citizenship

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<v Speaker 3>taken away? And why has it now been reinstated. We'll

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<v Speaker 3>let you know in the deep dive. But Fir Sam,

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<v Speaker 3>what's making headlines?

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<v Speaker 2>Victoria Police have confirmed five people have died after a

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<v Speaker 2>car crashed into the beer garden at the Royal Hotel

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<v Speaker 2>in Dalesford, which is northwest of Melbourne. According to police,

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<v Speaker 2>a number of people are also injured.

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<v Speaker 3>Schools in New Delhi have been forced to close due

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<v Speaker 3>to severe levels of air pollution. All primary schools in

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<v Speaker 3>the Indian capitol closed for two days, with the government

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<v Speaker 3>calling an emergency meeting to discuss next steps. Air pollution

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<v Speaker 3>is expected to worsen in the next fortnight, coinciding with

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<v Speaker 3>factors like burnt crop remains by farmers and low winds.

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<v Speaker 2>Anthony Alberanesi is in China in the first official visit

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<v Speaker 2>by an Australian prime minister since twenty sixteen. Speaking in

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<v Speaker 2>Shanghai yesterday, Albanesi said Chinese President Gi can expect a

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<v Speaker 2>continuation of the patient, collaborated and deliberate way of engaging

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<v Speaker 2>in Australia's national interests. A major focus of the trip

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<v Speaker 2>will be the trading relationship between China and Australia, which

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<v Speaker 2>may include the ending of long standing trade tariffs imposed

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<v Speaker 2>by China.

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<v Speaker 3>And the good news, scientists have discovered two pristine coral

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<v Speaker 3>reefs in the waters surrounding the Galapagos Islands. The reefs

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<v Speaker 3>has situated three hundred and seventy to four hundred and

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<v Speaker 3>twenty meters below sea level, with one of the reefs

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<v Speaker 3>spanning over eight hundred meters in length. The discovery has

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<v Speaker 3>helped scientists expand their understanding of the reefs within the

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<v Speaker 3>Galapagos Islands Marine Reserve. Okay Sam, Today we are talking

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<v Speaker 3>about a convicted terrorist who had his citizenship taken away

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<v Speaker 3>from him and then given back to him in a

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<v Speaker 3>case that involved the highest court in Australia and Parliament.

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<v Speaker 2>This is kind of bringing together all the kind of

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<v Speaker 2>Netflix tropes I think terror plot, you know, conviction in

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<v Speaker 2>the highest court of the land. Which country does this

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<v Speaker 2>person belong to? But to take a step back from everything,

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<v Speaker 2>who is abdulna Sir Benbrika and how did he end

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<v Speaker 2>up originally behind bars?

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<v Speaker 1>So?

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<v Speaker 3>Ben Brica was born in Algeria in nineteen sixty and

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<v Speaker 3>arrived in Australia when he was twenty nine. He became

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<v Speaker 3>an Australian citizen nine years later. So he held dual

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<v Speaker 3>citizenship in Algeria and Australia. And while it seems a

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<v Speaker 3>bit weird to bring up all these details, they will

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<v Speaker 3>become important later on, so keep that in the back

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<v Speaker 3>of your mind. Ben Brica was arrested in two thousand

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<v Speaker 3>and five in Melbourne as part of Australia's longest running

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<v Speaker 3>terrorism investigation, code named Operation Pendennis. Was found to be

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<v Speaker 3>part of an Islamist extremist group in Melbourne with ties

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<v Speaker 3>to a similar group in Sydney.

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<v Speaker 2>Abdul Nata Benbriker was of interest to Australian security agencies

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<v Speaker 2>long before his arrest.

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<v Speaker 4>For the first time it can be revealed that two

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<v Speaker 4>terrorrist cells based in Melbourne and Sydney were working together

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<v Speaker 4>plotting attacks around Australia.

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<v Speaker 3>During Ben Breaker's trial, the Victorian Supreme Court heard evidence

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<v Speaker 3>that Benbriker had spoken about plans to carry out a

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<v Speaker 3>terrorist attack at the Melbourne Cricket ground, and he told

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<v Speaker 3>a witness his terrorist group had intended to launch an attack

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<v Speaker 3>at the AFL Grand Final, but they postponed plans due

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<v Speaker 3>to security and funding issues. The witness said. Benbreker mentioned

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<v Speaker 3>other possible targets including Melbourne's Crown Casino and the Grand

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<v Speaker 3>Prix weekend. Benbriker was found guilty of three terrorism offenses,

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<v Speaker 3>including charges related to directing the activities of a terror group,

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<v Speaker 3>and was handed a fifteen year sentence.

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<v Speaker 2>So that all happened in two thousand and five fifteen

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<v Speaker 2>the year sentence takes us to twenty twenty. We're now

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<v Speaker 2>in twenty twenty three, and obviously the story's back in

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<v Speaker 2>the news. What happened in twenty twenty and why didn't

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<v Speaker 2>he walk out of jail then?

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<v Speaker 3>Yeah, So in twenty twenty, the Home Affairs Minister at

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<v Speaker 3>the time, Peter Dutton, applied for Benbricard to come under

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<v Speaker 3>what's known as a continuing detention order, basically asking for

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<v Speaker 3>Benbricard to remain behind bars even after his sentence was over.

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<v Speaker 3>This was partly based on a forensic psychologist assessment of

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<v Speaker 3>Benbrika who she described as being at high risk of

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<v Speaker 3>violent extremism. Around the same time, the Coalition government passed

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<v Speaker 3>laws giving the Home Affairs Minister extra powers to cancel

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<v Speaker 3>the citizenships of convicted terrorists who also happened to be

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<v Speaker 3>dual citizens.

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<v Speaker 2>So basically the picture you're painting for me here is

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<v Speaker 2>you have someone who's finished their sentence and under this

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<v Speaker 2>continuing detention order they're actually allowed to be continually detained.

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<v Speaker 2>And at the same time as all of this, there's

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<v Speaker 2>this question about his citizenship. What did Dutton do with

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<v Speaker 2>that citizenship?

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<v Speaker 3>So Peter Dutton came in and canceled Benbriker's citizenship after

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<v Speaker 3>passing these laws.

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<v Speaker 4>I canceled the Australian citizenship of convicted terrorist Abdul Messer Benbriker.

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<v Speaker 4>He's the first individual to have lost his citizenship on

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<v Speaker 4>shore under the terrorism related provisions of the Australian Citizenship.

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<v Speaker 3>Back saying Ben Breeker continued to pose a risk to

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<v Speaker 3>the Australian public and as a result he faced possible

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<v Speaker 3>deportation back to Algeria. But the High Court struck down

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<v Speaker 3>these laws two years later. The Court argued it was

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<v Speaker 3>unconstitutional for a branch of government to punish criminal guilt,

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<v Speaker 3>basically just saying the minister should stay in their lane

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<v Speaker 3>and that it was the court's job and not the minister's,

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<v Speaker 3>to decide whether Benbriker should have his citizenship canceled.

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<v Speaker 2>And so when the High Court overturns those laws, what

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<v Speaker 2>did that actually mean for Ben Breaker?

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<v Speaker 3>So, after those laws were changed, Benbriker's lawyers used the

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<v Speaker 3>decision to argue that the camp of his Australian citizenship

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<v Speaker 3>was invalid and that it should be reinstated. And that

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<v Speaker 3>brings us up to last week, a six to one

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<v Speaker 3>majority in the High Court agreed with Benbriker's lawyers. They

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<v Speaker 3>argued that in twenty twenty, Dutton had carried out a

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<v Speaker 3>quote exclusively judicial function of punishing criminal guilt against Bembriker

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<v Speaker 3>and that he should be given his Australian citizenship back.

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<v Speaker 2>Well, Peter Dutton is no longer in power, of course,

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<v Speaker 2>it's now Anthony Alberanezi and Peter Dutton, then Home Affairs Minister,

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<v Speaker 2>is now the opposition leader. What does the current government

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<v Speaker 2>say about all of this?

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<v Speaker 3>Well, it's remarkably consistent. The Albanzer government actually wants to

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<v Speaker 3>bring back those old laws stripping any dual citizen convicted

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<v Speaker 3>of terrorism of their Australian citizenship. Prime Minister Anthony Alberanzi

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<v Speaker 3>said the government will look closely at the High Court

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<v Speaker 3>ruling on Benbrieker's citizenship and, in his words, respond appropriately.

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<v Speaker 3>In a statement, the Home Affairs Minister Clara O'Neill said

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<v Speaker 3>the government will examine the judgment and its implications in detail.

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<v Speaker 3>So it looks like we'll be hearing more about the

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<v Speaker 3>Ben Breaker High Court decision in the months and years ahead.

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<v Speaker 2>But for now it looks like Ben Breaker will have

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<v Speaker 2>his citizenship reinstated. What about this prison sentence. Is he

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<v Speaker 2>currently behind bars?

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<v Speaker 3>Well, he is behind bars, but the decision about his

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<v Speaker 3>citizenship doesn't impact the continuing order of detention.

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<v Speaker 2>So they're kind of two separate issues.

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<v Speaker 3>Yeah, that's right. But while the citizenship case has played out,

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<v Speaker 3>a separate legal case has been heard by a court

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<v Speaker 3>in Victoria. So, as I mentioned, there was a continuing

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<v Speaker 3>detention order in twenty twenty which allowed Benbriker to be

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<v Speaker 3>held in prison for a further three years. But when

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<v Speaker 3>nearing the end of that period of time, it's due

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<v Speaker 3>to expire on December twenty three this year, and so

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<v Speaker 3>the question has been what happens when the continuing detention

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<v Speaker 3>order comes to an end. The Victorian Supreme Court is

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<v Speaker 3>considering whether the continued detention order should be nude or

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<v Speaker 3>whether Benbrika should be released under a control order.

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<v Speaker 2>What's a control order?

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<v Speaker 3>So a control order would mean that he would be released,

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<v Speaker 3>but would be under strict surveillance with curfews, attracking device

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<v Speaker 3>and provisions on who he can contact, as well as

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<v Speaker 3>means of communication, so he might not even have access

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<v Speaker 3>to a phone or Internet for example. It's worth noting

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<v Speaker 3>that there is no legal limit on the amount of

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<v Speaker 3>times that continuing detention order can be renewed.

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<v Speaker 2>So it could conceivably go on forever.

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<v Speaker 3>As a law states, yeah, that's right, and so if

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<v Speaker 3>Benbrika is deemed to be a threat to the community,

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<v Speaker 3>the Victorian courts will have grounds to keep him under

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<v Speaker 3>those strict conditions. So it's unclear at the moment whether

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<v Speaker 3>or not he'll be released from prison at the end

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<v Speaker 3>of this year, but will keep you posted as more

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<v Speaker 3>information comes to light regarding his citizenship and his detainment.

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<v Speaker 2>I think you did pretty well for your first deep

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<v Speaker 2>dive Harry, thank you so much and I'm looking forward

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<v Speaker 2>to many more episodes with you in future.

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<v Speaker 3>Thank you, Sam, it's been a pleasure to chat with you.

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<v Speaker 2>And thank you for joining us today on The Daily Ods.

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<v Speaker 2>If you learn something from this episode, there's one thing

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<v Speaker 2>Have a wonderful day.