A convicted terrorist who threatened to kill police and a magistrate is to walk free from jail again despite having previously been jailed for breaching his release conditions.
Blake Nicholas Pender returned to court on Tuesday as a judge mulls what restrictions should be put in place when he is released from Silverwater prison in September.
The man, now 33, was jailed in December 2019 after admitting possession of a terrorism-related knife and threatening a magistrate.
In June 2017, he threatened to kill police officers and stab them in the throat, saying: “The proudest thing a man can do is behead a policeman.”
After being arrested, he threatened to behead a magistrate who denied him bail after he shouted pro-Islamic State slogans in court.
During a recorded phone call while in prison, he told a woman that he wanted to become a martyr when he was released.
Pender was released in October 2022 under an interim supervision order, only to be re-incarcerated weeks later for breaching the conditions of his release.
He was sentenced to a further 22 months in prison before his release, scheduled for September.
Blake Pender, a convicted terrorist who said “the proudest thing a man can do is behead a policeman” (pictured), is due to be released from prison in September.
The 33-year-old has at various times believed in Christianity, Islam and most recently Judaism, and told correctional officers his interest in religion stemmed from a need to belong.
On Tuesday, lawyers for Attorney-General Mark Dreyfus applied to the NSW Supreme Court for a three-year extended supervision order so Pender can be closely monitored in the community.
He agreed to be monitored, but argued that the proposed condition of notifying police of his movements every week was too strenuous.
Representing the attorney general, attorney Christine Melis said providing a timeline of movements was appropriate and necessary to ensure the protection of the community.
While Pender had been diagnosed with severe ADHD which affected his ability to understand and comply with certain restrictions, this could be managed with the help of community corrections officers and NDIS carers, Judge Mark Ierace told him.
On Tuesday, lawyers for Attorney-General Mark Dreyfus applied to the NSW Supreme Court for a three-year extended supervision order so Pender can be closely monitored in the community.
The federal government had been willing to accept some flexibility, allowing for minor breaches with a reasonable excuse, such as medical or public transport problems, the court was told.
Combining the weekly program with electronic monitoring would ensure that the convicted terrorist does not repeat past crimes by relapsing into drug addiction and associating with the wrong people, Melis said.
The 33-year-old, who has a crucifix tattooed below his right eye, watched the hearing from a cell in Silverwater and held his head in his hands as Melis spoke.
Pender’s barrister, Matthew Johnston SC, said some oversight was necessary but the kind of minute-by-minute reporting required by the attorney general was excessive.
He could be charged with criminal misconduct given his cognitive limitations in understanding the conditions of release, the court was told.
Electronic monitoring and a more relaxed set of supervision orders would still be sufficient to deal with the risks, Johnston said.
Judge Ierace will announce his decision next week.
