A HOMELESS man who counter terrorism police say was planning a mass casualty attack at a mosque packed for Friday prayer is threatening to make a second application for bail as the Commonwealth DPP consider what charges he should face and what court he should be prosecuted in.
Cormac Patrick Rothsey, 43, appeared in Newcastle Local Court on Thursday via audio visual link from jail charged with using a carriage service to menace, harass or offend.
The court heard the Commonwealth Office of Director of Public Prosecutions (CDPP) were still determining whether to elect to prosecute Mr Rothsey's matter, what charges he would face and whether the matter would ultimately be heard in the district court, where the penalties are more severe.
The CDPP applied for a six-week adjournment to make those determinations, but solicitor Hannah Bruce, for Mr Rothsey, said she planned to make a bail application on November 11.
Mr Rothsey previously made an unsuccessful bail application on September 6, the day after he was arrested in Hamilton by heavily armed police who had been monitoring days of increasingly violent anti-Islamic rhetoric espoused on Mr Rothsey's Facebook page.
"My aim is to go to Friday prayer in a packed mosque," Mr Rothsey allegedly wrote on Facebook, according to a statement of police facts. "No turning back when called to prayer."
That post, and others, led counter terrorism police to consider Mr Rothsey an "imminent threat".