The imminent release of a Sydney man who threatened to kill a magistrate, praised the Islamic State leader and said he was at war with Australia has prompted a bid for him to remain behind bars.
Blake Nicholas Pender, then 28, was jailed for four years and three months in December 2019 after admitting terror-related knife possession and threatening a magistrate.
After taking account of time served, he was eligible for parole in September 2020 - which was refused - and his full term expires on September 13.
The minister for home affairs has now applied to the NSW Supreme Court for Pender to be subject to a continuing detention order which allows high risk offenders to be imprisoned after their sentence expires.
In a preliminary hearing on Friday, Perry Herzfeld SC, for the minister, applied for orders in relation to the appointment of at least one psychiatrist to examine Pender and for protective orders over material contained in various affidavits.
Justice Richard Cavanagh reserved his decision and the matter will be mentioned in the same court on July 29.
Pender, who suffers from schizophrenia, was arrested in June 2017 after approaching a group of police officers in Surry Hills, muttering in a foreign language and reaching for a knife hidden up his right sleeve.
As he was handcuffed, Pender laughed and told police he'd have killed them all if he was still armed.
"The proudest thing a man can do is behead a cop," he said.
Refused bail in court later that day, he promised to kill military and police personnel before telling magistrate Joanne Keogh he'd kill her next.
In a court appearance via video link later that day, Pender repeatedly declared "God is great" in Arabic and wished Islamic State leader Abu Bakr al-Baghdadi a long life.
Pender was also seen making a throat-slitting gesture and heard imitating the sound of a machine gun.
As Ms Keogh gave reasons for refusing bail, he declared everyone in the court was "dead".
"If I had it my way, I'll be beheading all of you one by one. I'm at war with your country. I'm at war with your government," Pender said.
"When I get out I will be blowing myself up. I will be killing the military and the police. Allahu Akbar.
"F*** you, judge. I'll kill you next ... I'll cut your f***ing head off, you dog."
When sentencing Pender for the knife and threat offences, Justice Ian Harrison said the comments were unacceptable.
But he found Pender's offensive and violent religious pronouncements were more likely due to a state of confused suggestibility than any genuine or devout adherence to fundamentalist ideology.
Pender has converted and renounced Islam twice, sports a Christian cross tattoo under his right eye and says he now adheres to Judaism.
Like his criminal record, his history of mental health issues is lengthy and dates back to his childhood.
Australian Associated Press
