Two Chinese nationals have been released on bail by the ACT Magistrates Court after they were arrested for alleged spying on the Canberra branch of a Buddhist association.
Police have alleged the pair are linked to a woman arrested last year on the same charge of reckless foreign interference.
Lawyers in the case had asked for the two names to be suppressed.
The 25-year-old man cannot be named, but the court declined to suppress the name of Siru Zheng, 31, after her details had already appeared in the national press partly via an image of her passport.
Magistrate Glenn Theakston said he was concerned a document surrendered to police had been published and, while he would not suppress Ms Zheng’s name, did restrict any further personal details from being published.
The two were arrested early yesterday and have spent a night in the cells awaiting today’s bail application.
The allegations concern the Guan Yin Citta group, which is banned in China.
Alleged offender ‘was on notice directly’
Siru Zheng’s lawyer told the court she was unlikely to flee if granted bail given she knew she was being investigated for months and had not tried to leave. (Supplied: AFP)
It was revealed in court today that when the first woman was arrested after a raid of her home in July last year, there was a similar search at the home of Ms Zheng.
The man’s home was searched in December.
Prosecutors urged the court to refuse bail, saying if either of the two fled to China it was unlikely they could be extradited back.
An Australian Federal Police officer was queried by Ms Zheng’s lawyer, Travis Jackson, about whether that concern was justified.
“She was on notice directly [that] she was being investigated for foreign interference,” Mr Jackson said.
Mr Jackson also noted the evidence cited against her was mostly in the form of screenshots of open-source material, such as that from Google, which the officer agreed was the case to the best of her knowledge.
“As far as I am aware, yes Your Honour,” the officer told the court.
The court was told the alleged conduct in relation to Ms Zheng ended four years ago in 2022.
In other evidence the court heard Ms Zheng had at some point been directed to make a phone call to the Buddhist group to make enquiries about issues including when they may be open to the public.
The call was made, but nobody answered the phone.
Most evidence found from electronic sources
Police told the court the 25-year-old man’s offending had continued up to the present. (Supplied: AFP)
The man’s lawyer, Anthony Williamson, pressed the police witness on the source of the evidence in the case, asking if there would be any civilian witnesses.
The officer said that was still to be determined, admitting most of the material was from electronic sources.
The court heard the volume of material is large, including more than 23,000 terabytes from the man’s devices alone.
The man’s charge states his alleged offending has continued until the present.
Mr Williamson also questioned police assertions that witnesses associated with helping Australian law enforcement would fear reprisals.
The officer admitted that had not been said to her, but had been said to members of her team.
Magistrate Theakston said there was scant evidence that demonstrated the covert activities alleged, other than the phone call.
He said the chance either of the accused would flee to China was very low, given both have strong ties to Canberra.
Both were granted bail on strict conditions, including that they remain in Canberra and not approach the Buddhist group.
Both have indicated they will plead not guilty.
They will return to court in April.