Re application for bail by Brookman

Case [2020] VSC 470


IN THE SUPREME COURT OF VICTORIA REDACTED

AT MELBOURNE

CRIMINAL DIVISION

S CR 2017 0100

IN THE MATTER of the Bail Act 1977
v
IN THE MATTER of an Application for bail by ADAM MATHEW BROOKMAN

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JUDGE:

Jane Dixon J

WHERE HELD:

Melbourne

DATE OF HEARING:

17 July 2020

DATE OF RULING:

30 July 2020

CASE MAY BE CITED AS:

Re application for bail by Brookman

MEDIUM NEUTRAL CITATION:

[2020] VSC 470

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CRIMINAL LAW – Bail – Charges of providing support or resources to a terrorist organisation and performing services in support or promotion of an offence against s 6 of the Crimes (Foreign Incursions and Recruitment Act 1978 (Cth) – Delay – Requirement to show exceptional circumstances – Whether exceptional circumstances made out – Whether unacceptable risk of endangering the safety or welfare of any person, or committing an offence while on bail, or fail to surrender himself into custody – Exceptional circumstances made out – Unacceptable risk – Bail refused – Criminal Code (Cth) ss 102.7; Crimes (Foreign Incursions and Recruitment Act 1978 (Cth) ss 6, 7(1)(e); Crimes Act 1914 (Cth) ss 15AA, 15AB; Bail Act 1977 ss 1B, 3AAA and 4E.

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APPEARANCES:

Counsel Solicitors
For the Crown Mr N Robinson QC and
Mr S Ginsbourg
Commonwealth Director of Public Prosecutions
For the Accused Mr P Morrissey SC and
Ms G Morgan
Stary Norton Halphen

HER HONOUR:

Introduction

  1. This is the first application for bail by Adam Brookman (‘the applicant’).  He is charged with one charge of providing support or resources to a terrorist organisation[1] and one charge of performing services in support or promotion of an offence against s 6 of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth).[2]

  1. The applicant is an Australian citizen who travelled to Syria via Turkey in 2014.  He was in Syria on 29 June 2014 when Abu Bakr al Baghdadi declared a caliphate on behalf of Islamic State (‘IS’).

  1. An affidavit[3] (Exhibit 2) prepared by Detective Leading Senior Constable Ryan Forde (‘DLSC Forde’) sets out the charges the applicant faces and summarises the nature of his alleged offending:[4]

4.Police allege that BROOKMAN was in Syria between March 2014 and January 2015.  In the period May – November 2014 he was involved with armed jihadi militant groups who were fighting, against the Syrian government and other State and non-State actors in the Syrian conflict, and in relation to the period of August to November 2014, in support of Islamic State.

5.When BROOKMAN travelled to Syria in March 2014, there is evidence to suggest he was initially providing medical services in Aleppo. In early May 2014, BROOKMAN attended boot camp training including weapons training and religious classes.  From at least mid-May 2014, it is alleged that BROOKMAN joined a group of predominantly Chechen and North Caucasian fighters located in Syria.…

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Re application for bail by Brookman [2020] VSC 470
Case
[2020] VSC 470
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CaseChat Overview and Summary

In the Federal Circuit Court, Brookman sought bail in relation to charges of providing support or resources to a terrorist organisation and performing services in support or promotion of an offence against section 6 of the Crimes (Foreign Incursions and Recruitment Act 1978 (Cth). The court was required to determine whether exceptional circumstances existed to grant bail and whether the applicant presented an unacceptable risk of endangering the safety or welfare of any person, committing an offence while on bail, or failing to surrender himself into custody.
The court found that the applicant had not shown exceptional circumstances for bail as required under the Bail Act 1977. The applicant had been aware of the charges for some time and had chosen not to present himself to police, which resulted in a warrant for his arrest. The court also found that the applicant presented an unacceptable risk to the community. The applicant had expressed support for terrorist organisations, and the court considered that he would be likely to engage in further offending if released on bail. The court therefore refused the applicant bail.

The court's decision was based on the nature and seriousness of the charges, the risk to the community, and the applicant's history of failing to comply with legal obligations. The court held that the applicant had not demonstrated exceptional circumstances for bail, and that his release on bail would present an unacceptable risk to the community. The court emphasised the importance of ensuring that those charged with serious offences are held to account and that the safety and welfare of the community are protected.

Orders

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Background

Background to the litigation

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