A Sydney man who served 12 years behind bars for terrorism offences has been granted bail on charges of filming up the skirts of two women in Kmart stores.
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Mazen Touma allegedly committed the offences in January, some two months after completing his parole.
He pleaded guilty in the NSW Supreme Court in 2008 to four counts relating to preparing for a terrorist act.
The charges related to sourcing ammunition and explosives for the "Pendennis Nine" cell intent on carrying out attacks in Sydney and Melbourne.
His release on parole in 2017 was supported by the NSW police commissioner based on Touma's involvement in the prison deradicalisation program.
In the NSW Supreme Court on Monday, Justice Peter Hamill granted him bail on new charges which the prosecutor described as being like "chalk and cheese" in relation to his criminal history.
Touma is charged with two counts of recording people's private parts without their consent and two charges aggravated by doing the acts with the intent of obtaining sexual arousal or gratification.
He allegedly bent down with his mobile phone and either filmed, or tried to film, the private parts of one woman at Kmart at Bondi Junction and another at the Chatswood store.
The judge said the police allege there is CCTV footage showing the first incident, while the camera in the second store did not capture the "critical moment".
But a security officer allegedly saw Touma leaning over with his mobile, giving rise to an inference he was filming up the skirt of the customer.
When arrested, Touma denied the allegations and refused to give police his pincode when his phone was seized.
"The prosecution has acknowledged the absence of images on the phone ... so at its highest (the alleged offence) may be an attempt," the judge said.
But this would still be a very serious invasion of privacy, he said.
The judge noted the Crown made no suggestion Touma may return to his past type of criminality, but submitted he may try to interfere with justice by contacting the security officer.
Touma had committed no breaches of his parole, but it was troubling that the new allegations arose only a couple of months after his parole ended.
Justice Hamill granted bail with conditions he described as being akin to house arrest.
They include a person depositing $40,000 in cash as a surety, Touma reporting to police three times a week, not leaving his residence except for occasions such as a medical emergency and not using the camera on any device.
Touma is due back in Waverley Local Court on April 22.
Australian Associated Press
