Prosecutors insist Prime Minister Tony Abbott's comments about an alleged Sydney terror plot won't prejudice any trial.
But the Commonwealth Director of Public Prosecutions appears at odds with others in the legal fraternity, who believe Mr Abbott's comments could have compromised the suspects' right to a fair trial.
Omar Al-Kutobi, 24, and Mohammad Kiad, 25, were arrested on Tuesday and charged with planning a terrorist act.
Mr Abbott spoke about the case in parliament on Thursday, detailing a previously-undisclosed recording in which the pair talk about "stabbing the kidneys and striking the necks". He described the recording as "monstrous extremism".
Mr Abbott's office defended the comments, saying he had the prior consent of federal police commissioner Andrew Colvin.
The CDPP also played them down.
"The comments made by the prime minister in this case will not have any impact on the CDPP's role or function, especially as this is in the very early stages of the matter and any jury trial is unlikely to take place until much later in the year," it said.
But NSW Bar Association President Jane Needham SC said if the matter went to trial the court might find it "impossible" to empanel a jury unaffected by the comments.
"That could even mean the men would not receive a fair trial because the jury has already made up its mind," she told the ABC.
Criminal lawyer Adam Houda accused Mr Abbott of milking the case for political gain.
"The unfortunate result is that it will also bring unfair prejudice to the matters now before the court," he told the ABC.
Opposition Leader Bill Shorten said there were conflicting views among lawyers and experts on the prime minister's comments.
"Of course, it would be terribly concerning if we've compromised a national security trial because the prime minister's just gone too far," he told reporters in Sydney.
The video is likely to be used by prosecutors to fight an expected bail application, to be heard at Central Local Court in Sydney on March 16.
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