Terror suspects refused bail
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A magistrate has refused bail for two men arrested following yesterday's terror raids after considering submissions overnight.
Reg Marron today remanded suspects Hany Taha, 31, of Hadfield and Abdulla Merhi, 20, of Fawkner, to reappear in Melbourne Magistrates' Court on January 31. They are charged with being members of a terrorist organisation
In refusing bail for the pair, Mr Marron said evidence of the group's discussions of its intentions to carry out a jihad in Australia and its belief it was justified in killing innocent people was alarming.
"Notwithstanding their (the applicants') personal circumstances and personal history, it is extremely alarming,'' Mr Marron said.
The magistrate said the prosecution's case could be described as a ``work in progress'' and there was little evidence to link the Melbourne group to a group arrested in raids in Sydney yesterday.
"(But) . . . weighing up all the evidence, I'm not satisfied that either applicant has demonstrated exceptional circumstances. I believe the application is premature."
Mr Marron said that although police did not know the name of the organisation to which the two suspects allegedly belonged — or their relationship with each other — there were very serious issues raised by the prosecution, namely that members of the group were found in possession of loaded firearms.
It had been said under oath that each of the applicants, particularly Merhi, were involved in discussions about martyrdom.
He said the court had also heard that both men were involved in discussions about firearms.
"After weighing up all the evidence, I'm not satisfied the applicants have shown exceptional circumstances," Mr Marron said.
He urged the media to be diligent in its reporting of the case. The matter had attracted unprecedented media reporting and there was a great risk the two men would have their chances of a fair trial jeopardised, he said.
"These men remain innocent until the prosecution establishes their guilt beyond reasonable doubt."
The deputy director of Corrections Victoria provided the court with details about the custody of the applicants while on remand following a query from Rob Stary, defence lawyer for Merhi, about whether they would be held in solitary confinement.
Paul Delphine said the two men would be held in the maximum-security Acacia wing of Barwon Prison, near Geelong.
He said he could not answer Mr Stary's question because solitary confinement was not part of corrections legislation.
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