Convicted terrorist Blake Nicholas Pender who threatened to kill police and a judge will walk free – as court works out how to supervise him

A convicted terrorist who threatened to kill police and a magistrate will be released from prison again, despite previously being behind bars for breaching release conditions.

Blake Nicholas Pender was back in court on Tuesday, where a judge considered the restrictions that should apply when he is released from Silverwater Prison in September.

The now 33-year-old was jailed in December 2019 after admitting possession of a knife in connection with terrorism and threatening a magistrate.

In June 2017, he threatened to kill and stab police officers in the throat, saying: “The most honorable thing a man can do is behead a police officer.”

After his arrest, he threatened to behead a magistrate who refused to grant 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 on a provisional supervision order in October 2022, but was returned to custody several weeks later after violating the terms of his release.

He was sentenced to an additional 22 months in prison ahead of his scheduled release in September.

The 33-year-old has believed in Christianity, Islam and more recently Judaism at various times, telling prison officers that his interest in religion stemmed from a need to belong.

On Tuesday, lawyers for Attorney-General Mark Dreyfus filed an application in the New South Wales Supreme Court for an extended three-year supervision order so Pender could be closely monitored in the community.

He agreed to supervision, but found the proposed condition that he must inform the police of his movements every week too onerous.

Lawyer Christine Melis, representing the Attorney General, said drawing up a schedule of movements was appropriate and necessary to ensure the protection of the community.

Although Pender has been diagnosed with severe ADHD, which limits his ability to understand and comply with certain restrictions, this can be addressed with the help of community police officers and NDIS carers, she told Judge Mark Ierace.

On Tuesday, lawyers for Attorney-General Mark Dreyfus filed an application in the New South Wales Supreme Court for an extended three-year supervision order so Pender could be closely monitored in the community.

The federal government was willing to allow some flexibility, allowing minor violations with reasonable justification, such as medical problems or problems with public transportation, the court was told.

Combining the weekly schedule with electronic monitoring could prevent convicted terrorists from reoffending by relapsing into drug addiction and associating with the wrong people, Melis said.

The 33-year-old man, who has a crucifix tattooed under his right eye, watched the hearing from a cell in Silverwater and held his head in his hands as Ms Melis spoke.

Pender’s lawyer, Matthew Johnston SC, said some oversight was necessary but the detailed reports required by the Attorney-General were excessive.

The court was told he could face criminal prosecution for unintentional offences as he has limited understanding of the terms of his release.

According to Johnston, electronic surveillance and a more flexible supervisory regime would still be sufficient to address the risks.

Judge Ierace will deliver his verdict next week.