Australian PM accused of compromising anti-terrorism trial with "unfair" comments

APD

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Comments made by Australia's Prime Minister Tony Abbott could affect the trial of two men on charges of terrorism, a leading criminal lawyer said on Friday.

Abbott was "poisoning the minds of potential jurors" in an attempt to gain popularity in the polls, said Lawyers Corp principal lawyer Adam Houda, who also claimed Abbott had compromised the "fairness in courts."

Abbott told parliament on Thursday that the suspects were planning on "stabbing the kidneys and striking the necks" of Australians as he read from the transcript of a video seized in counter-terrorism raids, which resulted in Omar Al-Kutobi, 24, and Mohammad Kiad, 25, being arrested in suburban Sydney for plotting a potential terror attack.

"Kneeling before the death cult flag with a knife in his hand and a machete before him, one of those arrested said this: 'I swear to almighty Allah we will carry out the first operation for the soldiers of the caliphate in Australia'," Abbott read.

Houda said potential jurors would be affected by the premier's comments.

"He wants to milk this situation politically for all it's worth, " he said. "And the unfortunate result is that it will also bring unfair prejudice to the matters now before the court and also undermine the court process."

A spokesperson for Abbott said the prime minister received direct consent from the Australian Federal Police before speaking in parliament.

"The prime minister quoted the translation with the prior consent of Commissioner of the Australian Federal Police Andrew Colvin," the spokesperson said.

President of the New South Wales Bar Association Jane Needham said that even with consent, commenting on matters before the courts in a public forum, such as parliament, will no doubt compromise the trial.

"The court could find it impossible to have a jury impaneled who was not affected by the comments," she said.

The transcript that Abbott read has been confirmed to be part of a statement of facts that police will present to the courts when the trial begins.