Algerian-born Abdul Nacer Benbrika was sentenced to 15 years in jail in 2009 for leading an organisation that was committed to violent jihad and had discussed bomb and firearm attacks
Algerian-born Abdul Nacer Benbrika was sentenced to 15 years in jail in 2009 for leading an organisation that was committed to violent jihad and had discussed bomb and firearm attacks AFP / WILLIAM WEST

Opposition leader Peter Dutton could be facing an investigation by the national security watchdog for withholding a crucial dossier about an assessment tool used to detain terrorist Abdul Nacer Benbrika.

Benbrika's legal team was consciously kept unaware of the confidential study by the Department of Home Affairs that cast doubt on the validity of a technology intended to anticipate terror offenses in the future.

This came to light when Victorian Supreme Court Justice Elizabeth Hollingworth gave a harsh ruling in which she called the report's concealment "a serious interference with the administration of justice," The Guardian reported.

Benbrika, who was found guilty in 2009 of leading a terrorist group, may be subject to extended supervision orders, which would impose continuous monitoring after his sentence was served.

However, if the contents of the report had come to light, it would have raised doubts about the government's use of the Vera-2R tool to support Benbrika's further monitoring.

Hollingworth denounced the suppression of crucial findings about the Vera-2R tool in the landmark decision on Wednesday. By forwarding the non-disclosure to the Independent National Security Legislation Monitor (INSLM) for possible additional inquiry, she declared her intention to take the situation to a higher level.

The Australian Federal Police minister is legally required to release this information, Hollingworth underlined, emphasizing that it is a "fundamental safeguard to ensure the protection of individual liberty under what is very unusual and draconian legislation."

"What happened in this case should never have happened and should not be repeated in the case of Mr. Benbrika or any other person the subject of a post-sentence order application. ... I am going to refer the non-disclosure of the Corner report and the four other expert reports to the current INSLM and provide him with a copy of these reasons and all of the relevant evidence. It will be for him to decide what, if any, further investigations he wants to make to get to the bottom of why the various expert reports were not disclosed to Mr Benbrika," she said.

Justice Hollingworth has previously voiced concerns about important reports not being disclosed, claiming that this interfered with the administration of justice. She stressed the need for responsibility and said that the current state of affairs was unacceptable.

Benbrika's imprisonment dated back to 2005 due to his part in the Operation Pendennis terror plot. After almost twenty years in prison, terrorist Abdul Nacer Benbrika is scheduled for parole.

Hollingworth also ordered the release of Benbrika, after setting conditions such as a curfew, participation in de-radicalization programs etc.