A decision to provide alleged Islamic State recruiter Neil Prakash with consular assistance in a Turkish prison sparked fears of a public backlash within the government and a frank admission it had no legal obligation to help the suspected terrorist.

The Attorney-General’s Department privately admitted the government could have declined consular assistance to Australia’s most wanted terror suspect, and hinted that the public would be flummoxed it hadn’t, emails obtained exclusively by The New Daily reveal.

In an email sent to Department of Foreign Affairs staff, including Ambassador for Counter-Terrorism Paul Foley, an official at the Attorney-General’s office flagged the lack of an explanation by the government for why Prakash had received help while awaiting trial on terror charges in Turkey.

Noting that departmental rules included the option of declining consular assistance to a citizen, the unnamed counter-terrorism official said the question of why consular officials had opted to assist Prakash was “probably being asked in many RSL bars around the country”.

The email, obtained under freedom of information laws, was sent as part of deliberations between DFAT, the Attorney-General’s Department and the Department of the Prime Minister and Cabinet on how to craft media talking points following revelations Prakash was in contact with consular authorities.

On August 13, Foreign Minister Julie Bishop acknowledged that the Melbourne man had been receiving “basic” assistance, with consular officials visiting him twice at his maximum-security prison in Gaziantep.

“We are providing consular assistance to Mr Prakash, as we seek to do for any Australian detained, arrested or imprisoned overseas – even those accused or convicted of serious crimes,” a DFAT spokesman told The New Daily.

“Normally, this involves contact by a consular official to conduct welfare checks and liaise with local authorities or nominated next of kin on developments in a case. It does not depend on an individual’s guilt or innocence.”

Despite this, Ms Bishop has previously described consular assistance as a “privilege” not a right, and in 2014 unveiled new rules to “limit the scope” of assistance provided to Australians who get into difficulty abroad.

“Unlike in some countries, Australia doesn’t have enshrined in any law or bill of rights any sort of constitutional or legal obligation of the government or entitlement on behalf of the public to consular assistance,” Alex Oliver, a diplomacy expert at the Lowy Institute, told The New Daily.

The courthouse in Gaziantep, southern Turkey, where Neil Prakash has been on trial. Photo: AFP/Getty

Prakash, who was born in Melbourne to Cambodian and Fijian immigrants, was arrested by Turkish authorities last year after crossing the border from Syria, where he is believed to have acted as Islamic State’s chief recruiter of Australians.

The Australian government has characterised Prakash as the terror group’s most senior Australian member and linked him to several plots here including a failed attempt to behead a police officer on Anzac Day in 2015.

At a court hearing last month, Prakash admitted to advocating terror in this country, but insisted he was “not 100 per cent responsible” for Islamic State activity in Australia.

“I am sorry for the trouble I have caused,” Prakash said, claiming to have been misled by the notorious group.

Australian authorities are currently seeking the extradition of the alleged terrorist to face prosecution here after the conclusion of criminal proceedings in Turkey.