Bondi shooter's fearful family lose court gag order bid

Miklos BolzaAAP
Camera IconAlleged Bondi terrorist Naveed Akram has lost a bid to prevent publication of his family's names. (PR IMAGE PHOTO) Credit: AAP

The names of accused Bondi terrorist Naveed Akram's surviving family can be published despite threats by vigilantes, with a court rejecting a proposed gag order.

The 24-year-old gunman lost his application for suppression orders over the names and home address of his mother, 20-year-old brother and 22-year-old sister, in Sydney's Downing Centre Local Court on Thursday.

Judge Hugh Donnelly ruled the orders were not necessary because Naveed's driver's licence, including his home address, had been widely shared in Australia and internationally.

The move was a win for several media outlets - News Corp, Nine newspapers, the Guardian and the ABC - who opposed the orders in court.

Akram's family gave evidence at a hearing in March that they had been left shaken, anxious and hypervigilant after strangers turned up at their western Sydney home.

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"I fear for my life and the lives of my children," his mother wrote in an affidavit seen by AAP.

"The ongoing stress and anxiety regarding my safety and the safety of my children continues to take a significant emotional and physical toll on me."

AAP has chosen not to publish the family's names out of safety concerns.

A 10-year-old girl was among 15 people killed when Akram and his father, 50-year-old Sajid Akram, opened fire on a Hanukkah celebration at Bondi Beach on December 14.

A court order allows dozens of victim-survivors to choose if and when they go public with their story, and join other survivors such as Arsen Ostrovsky and hero tobacconist Ahmed Al Ahmed.

"This case has unprecedented public interest, outrage, anger and grief," Judge Donnelly said on Thursday.

But that suppression would not be extended to Akram's family, despite his mother and siblings being subjected to threats and harassment by vigilantes, the judge said.

This included death threats in person, by phone and online chat, strangers arriving at their home late at night, pork thrown in their front yard and a bottle full of suspected urine placed at their home.

His brother, who works as an air conditioner mechanic, wrote in an affidavit he feared someone would shoot him.

His sister said she had been unable to start her TAFE course as planned because she felt unsafe outside home.

Mounties, which owns a series of clubs in western and northern Sydney, cancelled their membership and barred them from entering the premises, court documents reveal.

Judge Donnelly acknowledged the threats, and that his mother and siblings had nothing to do with the Bondi attack.

However, he said any order would be futile given the names and home address were well and truly in the public domain.

"This case is exceptional by virtue of the sheer magnitude and commentary on social media," he said.

There was also no need to suppress the workplaces and school of Akram's family as there was no evidence threats had occurred there, the judge found.

The accused terrorist had also failed to put forward psychiatric or psychological evidence showing his family was at risk of mental harm, he noted.

He had sought to have his family's details suppressed for 40 years throughout the nation.

The 24-year-old remained silent during Thursday's decision as he watched on from Goulburn's supermax prison.

His barrister Richard Wilson SC flagged he will not appeal the judge's decision.

Outside court, the accused terrorist's solicitor Leonie Gittani declined to answer reporters' questions.

Akram has not yet been required to plead to dozens of charges, including terrorism offences and multiple counts of murder.

His father was killed by police during their alleged terror attack, which was Australia's deadliest mass shooting since 1996's Port Arthur massacre.

A box-like bomb was found in the boot of their car while two hand-painted ISIS flags were also in the vehicle.

His case will return to court on Wednesday.

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