An accused member of a Melbourne terror cell has applied for bail because of his poor health after nearly three years in custody.
Shane Kent, 31, from Meadow Heights, faces trial next year after a jury was last month unable to reach a verdict on whether he was a member of a terrorist cell.
He on Tuesday applied to the Victorian Supreme Court for bail arguing his extensive time in custody and poor health constituted exceptional circumstances.
Kent also faces further charges of providing resources to a terrorist organisation and making a document connected with preparation for a terrorist act.
But his bail application was adjourned after Commonwealth prosecutor Mark Dean, SC, said he could not unequivocally say whether or not the further charges would proceed.
He said a decision would be made by next week.
Justice Paul Coghlan said he understood Kent wanted to have the application heard as soon as possible, but he would view bail in a different way if the further charges were dropped.
"If I was in your position I would feel pretty much the way you feel about these things," Justice Coghlan told Kent.
"Don't think that people don't have sympathy about these things because they do."
The bail application was adjourned until next Tuesday.
