A Victorian Supreme Court judge is set to rule on Tuesday whether Benbrika will be subject to an extended supervision order upon his release into the community this month after his 15-year imprisonment was extended for three years in 2020 under a continuing detention order.
Donaldson,who has previously called on the government to abolish continuing detention orders,said in a report last week that his stance was bolstered by a 2020 report by the Australian National University’s Dr Emily Corner,who found the tool used to keep Benbrika locked up could not accurately assess the risk.
The Department of Home Affairs commissioned the report,but it was never disclosed to Benbrika’s defence team.
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“What has happened in the treatment of Mr Benbrika,not only in applications for the CDO[continuing detention order] but also in his review application,is a disgrace. This disgrace reflects on many who have responsibility for administering this most important part of the Commonwealth criminal code,” Donaldson said.
“It must have been obvious to the those advising and representing the attorney-general,if not the attorney himself,that the failure to disclose the Corner report to Mr Benbrika and to the court required frank,fulsome,forthright and complete explanation to the court. This did not occur.”
Supreme Court judge Elizabeth Hollingworth said in a June hearing that the original blame over the lack of disclosure rested with the former government.