Terror suspect’s lawyers denied papers

Lawyers for suspected terrorist Bilal Khazal have been denied access to confidential documents, with a Supreme Court judge finding the risk to national security was too high.

Khazal, a former Qantas baggage handler, is accused of inciting terrorism and his lawyers had sought access to the documents after the commonwealth moved to have two of his representatives banned from his legal team.

The Commonwealth wants barrister Peter Lange and solicitor Adam Houda excluded because they have already seen the documents, which include an affidavit compiled in 2004 to search a premises in Lakemba.

Lawyers for Mr Lange and Mr Houda had sought access to the confidential documents in preparation for the fight to keep them on Khazal’s legal team.

But NSW Supreme Court Justice Anthony Whealy denied access, saying the material “is significant in terms of national security sensitivity”.

“The risk of national security flowing from inadvertent disclosure in any area of the public forum is simply too high,” he said.

“It is all too easy to dismiss the risk of a terrorist attack in Australia as unlikely.

“The reality is that, in the present political and ideological climate, Australia may face real prospects of being subject to a serious terrorist attack or attacks within the confines of its shores.”

Justice Whealy said the Commonwealth’s motion to have Mr Lange and Mr Houda removed from Khazal’s case will be heard next month.

The Commonwealth will argue public immunity of a high order attaches to the bulk of the material, which Mr Lange and Mr Houda saw earlier this year.

Khazal, 35, has pleaded not guilty to inciting another person to commit a terrorist act and knowingly collecting or making documents connected with terrorism.

©AAP 2006