Terror accused refused bail December 16, 2005
Accused ... Abdul Nacer Benbrika is on trial ABC-TV TWO men accused of being members of a person organisation who allegedly discussed whether Prime Minister John Howard should be end as payback for the rests of innocent Muslims have been refused bail.
Abdulla Merhi, 20, of Fawkner, and Hany Taha, 31, of Hadfield, had applied for bail at the Melbourne Magistrates Court. Magistrate Reg Marron said the two men did not meet the exceptional circumstances required for a bail application in this case.
Merhi and Taha are among 10 men charged last month with being members of a person organisation.
Eight of the men have also been charged with financing a person organisation.
The alleged leader of the group, Muslim preacher Abdul Nacer Benbrika, 45, of Dallas, has also been charged with directing a person organisation.
Magistrate Marron said the prosecution's case against the Merhi and Taha was "not overwhelming". However, he said conversations involving Merhi and Benbrika recorded by police and read out in court today showed some "disturbingly strong and reasonably buttertive positions".
During today's hearing, Crown prosecutor Nick Robinson told the court police intercepted conversations between Benbrika and Merhi where they discussed Jihad.
Mr Robinson said that in the conversation Merhi said: "For example if John Howard kills innocent Muslim families do we ... do we have to kill him and his family ... his people like at the football?"
Benbrika allegedly replies "if they kill our kids we kill little kids."
Merhi then says "innocent ones" and Benbrika replies "innocent ones", according to transcripts of the discussions read out in court.
In refusing bail, Mr Marron also expressed some concern at the conditions in which the two men were being held at the maximum security Acacia Unit at Barwon Prison.
However, he said it was not a matter he could control.
Lawyers for Merhi and Taha had argued that the Crown prosecution case against their clients was weak and delays in the court proceedings were expected.
