One of the men outside court yesterday. Source: News Corp Australia
SHOUTING "Allahu Akbar" after refusing to stand for a judge hearing the case of his associate on a terror control order, a hooded Muslim pointed his finger to the sky in a confronting gesture that has become widely identified with the Islamic State death cult.
Another man, in a grey hoodie, also shouted "God is great" and pointed his index finger in the religious salute outside the NSW Supreme Court yesterday.
Their 21-year-old associate, who cannot be named for legal reasons, is the first person to be prosecuted for breaching an anti-terrorism control order.
He was arrested days after he was issued with an interim order during a series of counterterrorism raids across Western Sydney on December 18.
Sitting in the public gallery the man refused to stand for Justice Peter Hall and only got up after he was approached by a court sheriff.
A man gestures to the camera. Source: DailyTelegraph
The man outside court. Source: News Corp Australia
One of the men refused to stand for the judge. Source: Supplied
Two men converse outside NSW Supreme Court court. Source: Supplied
The Marsfield man is accused of making three phone calls on December 22 and 23 from a public phone in violation of the order prohibiting him from making calls "on a phone service not approved by the Joint Counter-Terrorism Team", police allege.
He has been in custody since his arrest and yesterday made an unsuccessful bail application.
The man's lawyer Peter Lange said the phone intercepts were "entirely innocuous" and were "simply banter".
The judge determined the man "deliberately breached prohibition". Source: Supplied
The matter will return to court next month. Source: Supplied
A suspect in Marsfield is detained by police during joint strike force Appleby. Source: News Corp Australia
Mr Lange said there was no basis for allegations by federal counterterrorism police that the calls to a friend referring to "training and exercise" related to terrorism.
"They were about two guys going to the gym," he said.
Mr Hall said he could only grant bail if "exceptional circumstances" could be proven under anti-terrorism laws.
"I am not satisfied exceptional circumstances has been established," he said.
"The applicant had a full understanding of the prohibitions placed upon him. He deliberately breached the prohibition on more than one occasion," Mr Hall said.
He also said it was not possible to determine if the conversations on the intercepts were innocuous or a "coded language".
The matter will return to court later this month
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