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Australia s highest court has rejected a constitutional challenge to the continued detention of a terrorist following the expiration of his jail sentence.
It comes after Victoria s Supreme Court in December granted a continuing detention order allowing authorities to hold Abdul Nacer Benbrika behind bars for an extra three years.
Benbrika challenged the constitutional validity of this, specifically whether the commonwealth could give the Supreme Court the power to impose the detention order.
The High Court of Australia on Wednesday upheld the ability of the Supreme Court to do so.
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Benbrika is an Algerian-born self-proclaimed Islamic cleric who was jailed in 2009 for a maximum of 15 years.
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Australia s first convicted terror leader Abdul Nacer Benbrika will be held behind bars for another three years over concerns he remains a high-risk terrorist.
The self-proclaimed Islamic cleric who has expressed admiration for Osama Bin Laden was convicted in 2009 over his involvement in a terror group which plotted to kill non-believers to convince the Australian government to withdraw troops from Iraq.
Benbrika was sentenced to a maximum 15 years behind bars, and has been in custody since his 2005 arrest.
Supreme Court Justice Andrew Tinney granted a continuing detention order allowing authorities to hold Benbrika behind bars until November 2023.