The man accused of throwing a bomb into a crowd at a Perth Invasion Day rally in an alleged act of terrorism can be named as Liam Alexander Hall.
Police allege the 32-year-old threw what they described as a homemade “fragment bomb” filled with ball bearings and screws into the crowd in the heart of Perth’s CBD.
Earlier this month he became the first person in WA’s history to be charged with a terrorism offence.
The crowd and police gather in Perth for the Invasion Day rally. (ABC News: Cason Ho)
Police Commissioner Col Blanch said prosecutors would allege it “was a nationalist and racially motivated, attack … targeting members of the Aboriginal community, First Nations people”.
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His identity was suppressed from his first court hearing, when he faced charges of intend to do harm and possessing explosives under suspicious circumstances, after a duty defence lawyer raised concerns about his safety in prison if he were to be named.
He was not present for the second hearing of his case, and the first hearing of the terrorism charge, with his lawyer Simon Freitag SC referring to a doctor’s report which found he was not fit to attend.
“The accused man is in a vulnerable mental health condition, he can’t even appear today in the court, and we’ve been asked by his treating psychiatrist to adjourn the matter for six weeks,” Mr Freitag said.
Magistrate Lynnette Dias said that was not sufficient evidence to depart from the usual practice of naming an accused person.
“Given the serious nature of these charges and fundamental principles relating to open justice, I do not consider that issues relating to the accused’s interests and his personal circumstances are such as to justify displacing the usual practice of naming accused’s persons,” she said.
“It’s not in the interests of justice to make a suppression order.”
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Lawyers for both the Commonwealth and WA Police had argued for the man’s identity to be revealed, saying it was in the public interest.
Commonwealth prosecutor Kirsten Nelson leaves court. (ABC News: Keane Bourke)
“The Crown would say that there is no evidence … of any specific risk to him in custody, that situation has been managed thus far,” the Commonwealth’s lawyer, Kirsten Nelson, told the court.
“It will continue to be ably managed by corrective services.
“There are many accused in the criminal justice system who have mental health issues.”
WA Police officers block access to the Murray Street Mall after a bomb scare at an Invasion Day rally. (ABC News: Keane Bourke)
Ms Nelson also flagged there was a “risk of misidentification”, with one image circulating on social media incorrectly claiming to show the accused.
Media outlets, including the ABC, also argued for the suppression order to be lifted.
‘Massive public interest’
Mr Freitag acknowledged there was “massive public interest” in the case but that there was an “obvious risk” of harm to the accused if his identity was revealed, noting he had only met him for the first time yesterday.
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“[It] adds nothing to any of that reporting, or confidence in the system, but it does protect a mentally vulnerable man who is currently in mental health treatment,” he said.
There was already “significant evidence in support of the charges” which could give the public confidence in the administration of justice, even without the man being identified, Mr Freitag argued.
He said the medical report received yesterday “establishes a degree of vulnerability”, but that it had not considered what impact the release of his identity could have.
The man also had a father and two brothers, who also lived with disabilities, in WA who could be placed in a “difficult situation” if he was named, Mr Freitag said.
Lawyers for both the Commonwealth and WA Police have argued the accused’s identity is in the public interest. (ABC News: Keane Bourke)
A police prosecutor said WA Police had already reached out to the man’s family and had taken steps to “mitigate against any potential risk of harm”.
“That’s useful to know,” Magistrate Dias said.
Mr Freitag was successful in securing a six-week adjournment to see how the accused’s treatment was progressing and to assess the effect of medication he was on.
“After that time we’ll then be in a position to hopefully proceed to enter a plea,” he said.
A six-week adjournment has been granted by the court due to the accused’s mental state. (ABC News: Keane Bourke)
On the question of whether any applications for bail would be made in the future, Mr Freitag said “we’ll be guided by the medical evidence at that time” but suggested there would not be an application in the foreseeable future.
Mr Freitag said he had spoken to his client yesterday, that “he’s aware of the new charge”.
He’s due back in court on March 31.