The barrister for a man accused of a terrorist plot to publicly execute a member of the public says there is a “glaring error” in the evidence against his client.
Omarjan Azari, 22, was arrested during sweeping pre-dawn terrorism raids in Sydney in September.
He is accused of conspiring over the phone with former Kings Cross bouncer turn Islamic State member Mohammad Baryalei to execute a random member of the public.
His barrister Winston Terracini SC attacked the crown’s case against his client and said the defence had received lots of material but only one telephone call that was relevant.
That was despite previous claims there were other phone calls, the court heard.
Mr Terracini raised issue with the translation of the phone calls and said the defence had their own Arabic speaker look at it.
“There is at least one glaring error which goes to the absolute crux of whether this man is involved in a terrorist act,” he said.
Azari appeared via video link in Central Local Court on Thursday from Goulburn’s supermax prison.
Mr Terracini said the defence wanted a trial date but accused the crown of not being ready.
He did not apply for bail but will make a bid next month, the court heard.
The court heard Azari’s sister and parents had not been allowed to visit the Guilford man in jail and only Azari’s lawyers had been to see him.
Mr Terracini accused the prosecution of making a secret bid to Corrective Services about Azari’s jail conditions.
But crown prosecutor Karen Leavy said the crown had no say in how an inmate was classified.
Ms Leavy said the prosecution had narrowed the case down significantly but there were 182 electronic devices seized during the raids that needed to be looked at.
There was also voice identification evidence “crucial to the crown case” and fingerprint analysis, the court heard.
However, Mr Terracini said they weren’t interested in 182 devices, only the one phone allegedly used by Azari that the prosecution knew wasn’t his.
The case was adjourned to December 19 when Azari is expected to make a bail application.