Summary

Paul Dacre was convicted of terrorism-related offences for his role in a 2016 attempt to sail from northern Australia to the Philippines to engage in foreign incursion alongside Musa Cerantonio and others. After serving his sentence, Dacre was released in May 2021. The AFP sought an interim control order under s 104.4 of the Criminal Code, granted 12 May 2021.

On 8 July 2021, the Federal Court confirmed the order. Justice Anderson found Dacre satisfied the requirements for a control order and that each restriction was reasonably necessary to protect the public from terrorist acts. Dacre did not oppose.

Key Facts

Dacre attempted to travel to the Southern Philippines—where Islamist militant groups operated—with the intention that his co-offender, Musa Cerantonio, would engage in hostile activity. He did this despite the Minister cancelling his passport on 27 February 2015. The evidence established his security awareness during the investigation and his support for Islamic State.

While in custody, Dacre claimed to have renounced his extremist beliefs. Interviews with psychologists. A letter to the Commonwealth Attorney-General. The Court treated these assertions with caution, noting they arose when they served his interests in applying for parole in 2019.

Since release, Dacre remained committed to some extremist views. He stopped supporting ISIS, but only because it failed to fulfil the prophecy of forming the Caliphate. He made comments indicating a casual attitude towards violence and showed no insight into what led to his offending. Commander Sandra Booth considered it unlikely that Dacre had disengaged from his extremist ideology in the 12 months since release.

During custody, Dacre associated with numerous persons of security concern including co-offenders, others charged with or convicted of terrorist offences, and individuals whose passports had been cancelled. The Court accepted the evidence established his susceptibility to influence by those who espouse extremist ideology—as demonstrated by his susceptibility to Cerantonio.

Orders / Outcome

The Court confirmed the control order with one variation, in force for 12 months from 12 May 2021 to 11 May 2022. Dacre was prohibited from residing outside a specified premises, accessing terrorist-related material, possessing weapons or explosives, and communicating with specified individuals including Kadir Kaya, Antonio Granata, and Murat Kaya. He could only use mobile phones and computers provided by the AFP. No social media platforms, VPNs, or TOR network. He was required to consider participating in counselling.

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