Teen accused of violent extremist material granted bail
Rex Martinich |
A teenage boy accused of possessing violent extremist material has been granted bail after a magistrate told him his case was “unusual” and serious.
The 15-year-old faced Southport Children’s Court on Queensland’s Gold Coast on Wednesday after police laid additional charges against him as a result of a search of his electronic devices.
The teen was arrested on September 8 in relation to alleged torture and indecent treatment offences, magistrate Mark Bamberry heard.
Queensland Police’s Counter Terrorism Investigation Unit on February 28 charged the teen with one count each of possessing child exploitation material and possessing violent extremist material.
The case was now being handled by a commonwealth prosecutor and Queensland crown prosecutor, both of whom would usually deal with adult defendants, Mr Bamberry told the teen.
“It’s a bit unusual for them to be here,” the magistrate said.
“I’ve been a Children’s Court judge here full-time for the past 18 months or so and this is the first time I’ve seen someone from the commonwealth director of public prosecutions here.”
Mr Bamberry told the teen his case now having state and federal prosecutors showed “how seriously this is being taken”.
The boy sat beside his solicitor in court and was supported by his mother.
He did not speak except to say “yes” to Mr Bamberry’s questions.
Details of the nature or political affiliation of the violent extremist material allegedly possessed by the teen were not mentioned in court on Wednesday.
Commonwealth law defines violent extremist material as that which “describes, depicts, or provides instruction on engaging in, supporting or facilitating serious violence”.
Prosecutors are now required to prove a reasonable person would consider the material was intended to advance a political, religious or ideological cause.
The material would also need to be intended to assist, encourage, or induce a person to engage in violent or “intimidatory acts” with the aim of intimidating or coercing the public or government.
The teen had been granted bail on his previous charges and should be released again with conditions, defence solicitor Daniel McShane said.
“Commonwealth bail is slightly more tricky,” Mr McShane said.
Prosecutors agreed the teen met the exceptional circumstances required for bail on commonwealth charges, Mr Bamberry heard.
“The prosecution consents to bail … It’s accepted the defendant’s youth is a very significant factor,” commonwealth prosecutor Charlotte Gill said.
It would be best for the teen to remain in the community to continue schooling with the support of his family, the court was told.
“I’m told there’s been no further misbehaviour since you have been charged with these offences, which is really good,” Mr Bamberry told the teen.
He heard the teen had been accused of committing offences via the internet and was already under bail conditions around his use of electronic devices.
The matter was adjourned to May 13 to allow prosecutors to disclose a brief of evidence to Mr McShane.
The teen was able to leave Southport courthouse soon after signing a new bail agreement.
AAP