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Jack Thomas Jihad Jack al-Qaeda Down Under 20050609  
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Down Under
Jihad Jack to appeal retrial order
2008-06-19
Lawyers for Jack Thomas will appeal to the High Court to prevent him being re-tried on terrorism charges. The Victorian Court of Appeal this week dismissed an appeal by his lawyers and ruled the former Melbourne taxi driver, who once styled himself Jihad Jack, should be re-tried.

Thomas, 35, was cleared of terror charges in 2006, but the court directed he be re-tried on the same two counts following statements he made in an interview aired earlier that year on the ABC's Four Corners program. The Court of Appeal agreed statements Mr Thomas made in the interview could support a conviction on both counts. However, Mr Thomas' lawyers challenged the re-trial order arguing the Crown would have known about the interview during the first trial and it did not therefore offer any fresh evidence.

Today, Mr Thomas' lawyers indicated during a mention hearing in the Victorian Supreme Court they were pursuing their legal rights. As part of the first step in the process, they must make an application to the High Court seeking leave to appeal the re-trial order. The Court of Appeal ordered Mr Thomas be re-tried on one count of accepting money from terrorist organisation al-Qaeda and one count of possessing a false Australian passport.

Mr Thomas was sentenced in March 2006 to a maximum five years for receiving funds from terror group al-Qaeda and holding a false passport. But his convictions were quashed by the Court of Appeal in August, 2006, after it ruled Mr Thomas's interview with the Australian Federal Police (AFP) in Pakistan in 2003 – the key prosecution evidence – was inadmissible.
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Down Under
Australian Faces New Trial Over Alleged Al-Qaeda Link, AFP Says
2008-06-16
(Bloomberg) -- An Australian accused of receiving money from al-Qaeda and possessing a false passport faces a new trial, two years after his original conviction was quashed, Agence France-Presse reported.

Jack Thomas, a former taxi driver in the southern city of Melbourne, was jailed in February 2006 after being convicted of accepting $3,500 and an air ticket home from Pakistan from a senior al-Qaeda operative, the news agency said. Prosecutors alleged he trained at terrorism camps in Afghanistan before the Sept. 11, 2001, attacks. The conviction was overturned and Thomas was freed from prison six months later when an appeal court ruled that an interview carried out by Australian police while he was in custody in Pakistan was inadmissible as evidence.

The Victoria state Court of Appeal today ordered a retrial after prosecutors successfully argued that an interview Thomas gave to the Australian Broadcasting Corp. amounted to new evidence. Defense lawyers told the original trial that Thomas accepted the money and plane ticket because he wanted to return to Australia and had no intention of becoming an al-Qaeda operative, according to the report.
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Down Under
Rabiyah and daughter married terror twins
2006-12-11
AUSTRALIA'S most watched woman, Rabiyah Hutchinson, and her eldest daughter were once at the apex of Jemaah Islamiah's first known attempt at setting up a terror cell in Australia. An investigation by The Australian has revealed that Ms Hutchinson, who married JI leader Abdul Rahim Ayub, also married off her eldest daughter to her husband's twin brother, the Afghani-trained jihadist Abdul Rahman Ayub. The Australian has been told the daughter was about 16 at the time of the marriage to her uncle, who had been sent to Australia with his brother to set up the JI cell known as Mantiqi4. When approached by The Australian last week, Abdul Rahman Ayub refused to comment on the marriage. It is understood the marriage was shortlived and that the couple had no children.
"So why'd you get a divorce, Abdul?"
"I hated her guts."
It has also been discovered that Ms Hutchinson, now 53, has been married eight times -- twice to suspected terror leaders. When she married in 1984, Abdul Rahim Ayub was her third husband.
The one before that was the guy with the hat.
After they broke up in 1996 she remarried several times. In 2000 she married an al-Qa'ida member and confidant of Osama bin Laden, the Egyptian-born Mustafa Hamid, or Abu al Walid al-Masri. At the time, Hamid was a senior member of al-Qa'ida and worked closely with bin Laden, but later split with him over ideological differences.
"Binny! Are you tryin' to get us all killed?"
"If y'don't like it, get the hell out!"
"Well, I don't like it!"
"Throw him out, boyz!"
The blonde Ms Hutchinson's marriages, her good looks and startling blue eyes have prompted some to refer to her as the Elizabeth Taylor of JI. But a member of the Islamic community in which she lived in Sydney said Ms Hutchinson was widely disliked and her views were considered archaic. "She was very anti-Western," he told The Australian. He said there was also an oft-recounted story about her days in Afghanistan in the 1980s during the war against Soviet forces. "She was considered such a troublemaker the mujaheddin wanted to kill her," he said.
"Mahmoud! Let me borrow your rocket launcher! I'm going to kill that woman!"
"But why, Ahmed?"
"I hate her guts!"
The story went that it was her brother-in-law, Abdul Rahman Ayub, who saved her. On another trip to Afghanistan at the time, Ms Hutchinson was accompanied by her then husband, Abdul Rahim Ayub. Ms Hutchinson, through her lawyer Peter Erman, has declined to comment on the revelations but she has previously denied any involvement in terrorism.
"No, no! Certainly not!"
"She does not wish to assist you in publishing more lies about her by giving you a detailed response," Mr Erman said in an email.
"I got nuttin' to say to youse! Nuttin'"
Inquiries by The Australian have revealed that Ms Hutchinson was born Robyn Mary Hutchinson in Mudgee, central-western NSW, in August 1953. The Australian has been told that her parents have died and that her siblings have spread across Australia but she is no longer in touch with them.
"They don't like her, either!"
After what friends described as an unhappy life she headed to Bali on a holiday in about 1970. She loved Bali, married a Buddhist and stayed on the island. Despite the birth of a daughter, the marriage did not last.
The Buddhists couldn't stand her, either, huh? I think we can see a pattern emerging...
She moved to Jakarta and then married another Indonesian man, named Bambang Wisudo, and they had two daughters together. The oldest, Suniyah, is living quietly on Sydney's northern beaches, but she does not attend the local mosque or mix with the Islamic community as her mother and stepfather once did.
"They remind me too much of me Mum."
Suniyah's younger sister, Rahma, was born in 1982 at Manly hospital on Sydney's northern beaches. Rahma was married in 1999 at the age of 16 to Khaled Cheikho, one of the 22 men arrested in Sydney and Melbourne last year during the counter-terrorism Operation Pendennis. Ms Hutchinson married Abdul Rahim Ayub in 1984 and she lived in the Jakarta areas of Tanah Abang and Depok. It is understood Ms Hutchinson speaks Indonesian as well as Arabic and spent much of her time in Indonesia undertaking dawa, or Islamic missionary work.
"It's her again, Bambang!"
"Close the windows! Pretend we ain't home!"
"Gawd, I hate that woman!"
Nasir Abas, a former JI member who has turned informer, said he was aware of Rabiyah but knew little about her. "It is the JI culture -- you never know the background of others' wives," he said.
"Every once in awhile, of course, you had to ask yourself: 'Where do they get these people?'"
Ms Hutchinson and Abdul Rahim Ayub had four children: Mohammed, 21, and Abdullah, 19, Mustafa, 16, and their sister, Aminah. They live together in Yemen with stepsister Rahma. Mohammed and Abdullah and their friend Marek Samulski were released from a Yemeni jail last week seven weeks after they were arrested on suspicion of involvement in terrorist activities. No charges were laid against them.
"Yez got nuttin' on us, coppers! Da witnesses is all dead!"
Mohammed and Abdullah were born in Darwin after Ms Hutchinson and Ayub had returned to Australia in 1985. The family moved to Melbourne, staying in Footscray and West Sunshine until 1990. They moved to Sydney, where she met Jack Roche, the Islamic convert from Perth who became the first person jailed in Australia for terrorism-related offences. After the couple separated, Abdul Rahim Ayub moved to Perth before fleeing the country in the days after the 2002 Bali bombing. Abdul Rahman Ayub was deported to Indonesia on immigration visa offences.
"AND STAY OUT, DAMMIT!"
Ms Hutchinson then travelled extensively overseas with her children, including visits to Egypt, Pakistan and Afghanistan.
Where'd the money come from? Air travel isn't free.
She spent several years in Afghanistan, working as a midwife, until the attacks on the US on September 11, 2001. During her time there, she was a conduit for Australians arriving in Afghanistan, and she met "Jihad" Jack Thomas and his wife, Maryati. Since returning to Australia, she has been under constant surveillance by ASIO and has moved at least five times in the past few years. At one of those addresses, in Wiley Park, southwest Sydney, the tenants complained they were still receiving letters addressed to her from Centrelink two years later.
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Down Under
'Jihad Jack' asks High Court to lift restrictions
2006-12-06
RESTRICTIONS imposed on Melbourne terror suspect "Jihad" Jack Thomas are unconstitutional because they require Federal Court judges to act as police, the High Court heard yesterday. In the first major test of the Howard Government's anti-terrorism regime, lawyers for Mr Thomas asked the full bench to consider whether federal courts had the constitutional scope to restrict a person's behaviour in order to protect the public from a terrorist act.

In August, a federal magistrate approved Australia's first control order against Mr Thomas, subjecting him to a curfew from midnight until 5am, limiting his phone and internet use and banning him from contacting terrorists, including the elusive Osama bin Laden. The secretive hearing that imposed the control order on Mr Thomas came just days after the Victorian Court of Appeal quashed his convictions for receiving funds from al-Qa'ida and holding a false passport.

Mr Thomas's lawyer, former federal court judge Ron Merkel, argued yesterday that the section of the Criminal Code that covered control orders was invalid because it conferred non-judicial powers on federal courts, contrary to Chapter III of the Constitution. Chief Justice Murray Gleeson questioned whether control orders differed to apprehended violence orders, which are frequently used in domestic violence disputes to limit access between estranged partners. "A fear that a person may commit a violent act becomes the basis for restraints ... against conduct which is not unlawful," he said.
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Down Under
Yemen ties terror's loose ends
2006-11-04
LONG before he was arrested in Yemen this week, Marek Samulski was suspected by intelligence services of keeping bad company. The 35-year-old Sydney web-designer of Polish extraction, commonly known as Abdul Malik, was boarding a plane at Sydney airport with his wife and children in August 2004 when ASIO officers swooped. "Malik's good looks and winning smile earned him an interview with the Anal Surveillance Investigation Officers," his angry wife Raygana later wrote. "They gave me mine and the children's passports and told me these were 'good' (but) they took Malik for questioning for about 30-45 minutes."

ASIO eventually let him board the flight, but it seems Samulski did not take the hint. Now he finds himself alone in a jail cell in Yemen - a captive of raids that have netted two other Australians and at least two senior al-Qa'ida figures alleged to have been plotting to import arms into Somalia. But the raids have also unearthed an extraordinary and disturbing network of "noodle-nation" links between senior terror figures in Australia and overseas.

Hutchison, a convert to hardline Islam, has had her passport revoked at ASIO's request after trips to Afghanistan, Pakistan and Iran, where she is suspected of rendezvous with extremists.
The two men arrested alongside Samulski in Yemen were none other than Mohammed and Abdullah Ayub -- the sons of the notorious Abdul Rahim Ayub, the former head of Jemaah Islamiah's Australian terror cell. It turns out that the mother of the two boys and former wife of Ayub is Rabiyah Hutchison, one of the most closely watched women in Australia. Hutchison, a convert to hardline Islam, has had her passport revoked at ASIO's request after trips to Afghanistan, Pakistan and Iran, where she is suspected of rendezvous with extremists. Hutchison is believed to have befriended Melbourne man "Jihad" Jack Thomas and his wife shortly before Thomas travelled on his ill-fated trip to South Asia in 2001 - a trip that led him to be charged with terrorism-related offences. "Hutchison got into the head of Jack Thomas and his wife when they were living in Sydney," one source told The Weekend Australian yesterday.

Among Hutchison's friends is another Australian convert, Melanie Brown, the wife of jailed French terror suspect Willie Brigitte.
The husband of Hutchison's eldest child Rahma is Khaled Cheikho, who is in a NSW prison awaiting a commital hearing on terrorism charges. Among Hutchison's friends is another Australian convert, Melanie Brown, the wife of jailed French terror suspect Willie Brigitte, and one of the key links between al-Qa'ida and several people in Sydney and Melbourne accused of terrorist offences.

Like Hutchison,
Samulski converted to Islam for love - so he could marry his South African Muslim girlfiend, Raygana Toefy, in 1992.
Samulski converted to Islam for love - so he could marry his South African Muslim girlfiend, Raygana Toefy, in 1992. But his converison to the radical brand of Islam came a while after Hutchison's. A long-time friend said yesterday that up until September 11, 2001, Samulski had not been particularly religious. "For many years, he wasn't a strict Muslim; I can't ever remember him going to the mosque," said the friend, who asked not to be named. "But I do remember that around the time of September 11, he and his wife started acting differently."

She began wearing a burka and he started attending the mosque regularly. Soon after she had their third child in 2004, they moved to Yemen. "We were surprised they left so quickly; they didn't even say goodbye," the friend said.

She was intent on moving the family to Yemen so that their children could be taught the way of Islam.
Mrs Samulski seemed to have a strong influence over her husband and her beliefs were more radical. "Marek was a nice guy, very friendly, but his wife was a bit unusual," the friend said. "She was intent on moving the family to Yemen so that their children could be taught the way of Islam."

So how did this network of extremists come to be exposed by events across the other side of the world? The answers lie inside a red-brick apartment building in the Yemeni capital of Sanaa, in a radical district just outside al-Islam University, which was home to the three Australians arrested this week. For six months, British and American spies had the building and two of its occupants under close watch. The furtive activities of a young British citizen and a firebrand Dane convinced them a terror plot was being hatched. Any new friends, or visitors, were scrutinised, such as the three young Australians who appeared on the scene some time in late September.

In the early hours of October 17, the operation was shattered by a Yemeni secret police raid that swept up all eight foreigners living in the building and at least 12 other men across Yemen. Yemeni authorities insist they dismantled an al-Qa'ida cell and disrupted a gun-running ring to neighbouring Somalia.
The trio -- the Ayub brothers and the Polish-born Samulski -- initially didn't fit the bill as terror suspects. The men the spies had been watching were strongly connected to ranking al-Qa'ida members. The newcomers didn't seem to be. But in the early hours of October 17, the British-led operation was shattered by an unexpected Yemeni secret police raid that swept up all eight foreigners living in the building and at least 12 other men across Yemen. Yemeni authorities insist they dismantled an al-Qa'ida cell and disrupted a gun-running ring to neighbouring Somalia.

The three weeks since have exposed much of the progress and many of the shortcomings in the Western efforts to collaborate with the Arab world in the war on terror. Yemen, a hotbed of radicalism in eastern Arabia and home to a steadily rising tide of militant Salafi Islamic beliefs, has long been a priority target for Western intelligence. But it has also been a surprisingly recalcitrant partner in getting the job done collectively.

Abu Atiq was allegedly an associate of two of the September 11 hijackers and a protege of the virulently anti-Western Salafi cleric and head of Islamic studies at al-Islam, Abdul al-Majid al-Zindani.
The US Central Intelligence Agency and Britain's MI6 are still fuming that their operation was blown. The man at the centre of the arrests is believed to be a senior Somali al-Qa'ida figure from the Horn of Africa states of Eritrea, Ethiopia and Somalia, who is known by the alias al-Ansar. As significant a figure as he is, the key to the raids appears to be a Yemeni known as Abu Atiq, who was arrested about six weeks before the October 17 swoop. Abu Atiq was allegedly an associate of two of the September 11 hijackers and a protege of the virulently anti-Western Salafi cleric and head of Islamic studies at al-Islam, Abdul al-Majid al-Zindani, who the US wants arrested on terror charges. But Atiq's biggest claim to notoriety is his alleged role in a foiled al-Qa'ida plot to bomb oil and gas facilities in Yemen.

All the men worshipped at a nearby Salafi mosque, in a dusty, downtrodden district with red-stone ramshackle houses, skittish, scruffy children and burka-clad women. When The Weekend Australian inquired about the Ayubs and Samulski, a man with a flowing ginger beard, selling perfume and soap, waved us down the road to the honey vendor. He passed us on to the skull-capped youths in the Islamic bookshop. The Salafis of Sanaa are a secret society within a culture that fears direct questioning from strangers or authority figures -- and with good reason. The secret police and Government Intelligence Service play a powerful role in Yemen, especially among groups like the Salafis, who are seen as a subversive threat to the regime. Many have ended up in the Central Security Prison in Sanaa.

It is here that the Australians are being held, in separate cells and without visitors. The Australian consul from the embassy in Riyadh is yet to be granted access to any of the men and British embassy staff in Sanaa were only allowed one fleeting visit before the Australian official arrived to take carriage. Mohammed Ayub celebrated his 19th birthday alone in his cell yesterday. Abdullah Ayub turned 21 in a nearby cell on October 21.

Locals in Sanaa insist, perhaps apocryphally, that the two stories of the complex above ground sit atop eight stories underground, where torture rooms and darkened cells are often used. Whether or not people are tortured here, Western officials and aid groups are adamant that torture is regularly used in Yemen on terror suspects, or political prisoners. With their infamous father and firebrand mother, the Ayub brothers are likely to be treated with caution by the Yemenis. And with scant consular access, the Australians may know little of their fate. The future may be more promising for Samulski, with Yemeni officials indicating he may be released soon, although Raygana has not been permitted to see him in prison.

In a blog in 2004, she speaks of her family's excitement about moving to Yemen, where they planned to learn Arabic and immerse themselves in Islam. "What I love about Yemen is the fact that everyone prays (and) there are many mosques within walking distance of our home," she writes.
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Arabia
Yemen-arrested brothers' mum also a suspect
2006-11-02
THE Australian mother whose two sons are in a Yemeni jail on terrorist charges was suspected of being involved in a Jemaah Islamiah plot to attack the Sydney Olympics. The Daily Telegraph understands Rabiah Hutchison, reportedly a former Mudgee dope-smoking hippie and now a radical Muslim who wears a burqa, was married to Indonesian Abdul Rahim Ayub.

Rabiah Hutchison, reportedly a former Mudgee dope-smoking hippie and now a radical Muslim who wears a burqa, was married to Indonesian Abdul Rahim Ayub.
Ayub and his twin brother, Abdul Rahman Ayub, set up the first JI cell in Sydney, called Mantiqi4. In the lead up to the 2000 Olympics, intelligence sources had reports of an al-Qaeda terrorist plan which had been discussed among members of Mantiqi4.

Ms Hutchison was well known to security organisations in the region. Her lawyer, Adam Houda, said yesterday she was concerned about the health and welfare of her sons, Mohammed Ayub and Abdullah Ayub, whom she was with in Yemen. Mr Houda said he was briefing lawyers in the Gulf state because he had not been able to contact the young men, aged 18 and 20, in prison in the capital Sanaa.

The mother-in-law of one of the young men yesterday took stress leave from her teaching job at a private Sydney Islamic school, concerned for the future of her daughter and grandchildren, also in Yemen.
The mother-in-law of one of the young men yesterday took stress leave from her teaching job at a private Sydney Islamic school, concerned for the future of her daughter and grandchildren, also in Yemen. A spokeswoman for the Rissalah College in Lakemba said the teacher had told staff her son-in-law was innocent. The two young men from Canterbury were arrested in a sting operation three weeks ago, along with a third Sydney man of Polish background - Marat Sumolsky - who is now living overseas.

Their father Abdul Rahim and his twin brother moved throughout suburban Sydney, Melbourne and Perth in the late 1990s, drawing together radical Muslims. Abdul Rahman joined his brother in Australia in December 1997 and applied for refugee status, which was refused. When their plan to take control of the mosque at Dee Why was defeated by moderate Muslims, they moved to Sydney and Perth, mixing with Jihad Jack Thomas and Jack Roche. Thomas told the ABC's Four Corners program he attended a bush camp organised by the brothers for "jihad training".

Abdul Rahman was deported from Perth in 1999. In February 2000, Abdul Rahim sent Jack Roche, Australia's only convicted terrorist, to visit JI mastermind Hambali, said to be behind the deadly 2002 Bali bombings. Abdul Rahim fled Australia three days after the bombings, which he is suspected of being involved in.
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Down Under
"Jihad Jack" placed under court curfew
2006-08-28
Federal police fear that Jack Thomas could use his al-Qa'ida training to launch terrorist attacks on Australia and have placed him under a strict curfew. Despite a court throwing out terror charges against him last week, the federal police convinced a magistrate in Canberra he is an ongoing threat. Under the control order, Mr Thomas must report to police three times a week and is subject to a strict curfew. He is also banned from using any telephone that has not been approved by police.
"and we're taking away your pony!"
According to papers lodged with the court, police believe Mr Thomas, who was at the beach this morning with his family when he was issued with the order, has admitted to being trained by the terrorist outfit headed by Osama bin Laden in 2001 and is an ongoing danger to the community.

"There are good reasons to believe that given Mr Thomas has received training with al-Qa’ida he is now an available resource that can be tapped into to commit terrorist acts on behalf of al-Qa’ida or related terrorist cells. Training has provided Mr Thomas with the capability to execute or assist with the execution directly or indirectly of any terrorist acts," the court documents say.
If they've got even half a brain, they'll stay miles away from him and his police watchdogs
"Mr Thomas has admitted that he trained with al-Qa’ida in 2001. Al-Qa’ida is a listed terrorist organisation under section 4A of the Criminal Code Regulations 2002, made under the Criminal Code Act 1995. Mr Thomas also admitted that while at the al-Qa’ida training camp he undertook weapons training, including the use of explosives and learned how to assemble and shoot various automatic weapons.

"Mr Thomas is vulnerable. Mr Thomas may be susceptible to the views and beliefs of persons who will nurture him during his reintegration into the community. Mr Thomas’s links with extremists such as Abu Bakir Bashir, some of which are through his wife, may expose and exploit Mr Thomas’s vulnerabilities. "Furthermore, the mere fact that Mr Thomas has trained in al-Qai’da training camps, and associated with senior al-Qai’da figures, in Afghanistan is attractive to aspirant extremists who will seek out his skills and experiences to guide them in achieving their potentially extremist objectives."

His brother Les Thomas said the AFP and Attorney General's Department were "trying to save themselves embarrassment" by issuing his brother with a temporaray control order - the first under the Howard Government's new anti-terrorism laws. Jack Thomas was handed the order by AFP members at Cape Loch where he was holidaying with his wife and young family after the Victorian Court of Appeal overturned his convictions on terrorism charges two weeks ago.

"This will lessen peoples' faith in the Australian Federal Police,'' Mr Thomas said. "The resources, the time and money invested into this really makes you wonder about the politicisation of the AFP and the Attorney General's office. We're very sad Jack has been thrown back into this kind of situation. This was meant to be Jack's time to get away and have family time. The AFP and the Attorney General's Department are pursuing this case relentlessly.''
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Down Under
Australia urged to establish Judge-only terrorism court
2006-06-19
AUSTRALIA has been urged to establish an exclusive terrorism court similar to the Northern Ireland judicial system to avoid disclosing potentially sensitive security information to juries.

As Sydney architect Faheem Lodhi yesterday became the first person to be convicted by a jury of planning a terrorist attack in Australia, one of the world's foremost counter-terrorism experts, John Stevens, called for terrorism cases to be heard by a judge alone.
Terror trial: Lodhi set for life sentence

The former head of the London Metropolitan police has joined Australia's top policeman, Mick Keelty, in arguing for a change to the justice system.

Lord Stevens and Mr Keelty discussed the issue in Sydney last week while the jury was deliberating on the terrorism charges against Lodhi.

Lord Stevens, who is considered one of London's most successful police commissioners, said a successful precedent had been set in Northern Ireland where judge-only courts were used to run cases against accused IRA terrorists.

Lord Stevens said one of the major issues in conducting terrorism trials was the question of how much information should and could be disclosed to a jury.

"There is some information that should never see the light of day," he said. "They (the judges) are going to be guarding the information and ensuring that it remains confidential."

A jury took more than a week to find Faheem Lodhi guilty of three terrorism-related offences under Australia's national terrorism laws. His conviction is the most serious so far under Australia's federal anti-terror laws.

It follows a series of terrorism trials around the country that have delivered mixed results.

In 2004, Jack Roche, 50, a Muslim convert, became the first person to be convicted of an offence under counter-terrorism laws introduced in 2002.

The Perth man was sentenced to nine years' jail after pleading guilty to conspiring to blow up the Israeli embassy in Canberra.

But a New South Wales Supreme Court jury acquitted Zeky Mallah, 21, of terrorism charges after he was accused of preparing to launch a suicide attack on the Sydney office of either ASIO or the Department of Foreign Affairs.

Mallah pleaded guilty to a charge of threatening to kill a commonwealth officer. He became the first person to be acquitted under Australia's anti-terror legislation.

"Jihad" Jack Thomas, the Melbourne man whom Osama bin Laden is said to have wanted as an al-Qa'ida sleeper agent in Australia, was also acquitted by a jury of terrorism charges. But he was sentenced to five years' jail for receiving funds from a terrorist organisation.

The push for exclusive terrorist trials could bring Australia closer to the French legal system, where cases are determined through judicial interrogation.

Greg Pemberton from the Centre for Policing, Intelligence and Counter Terrorism at Macquarie University, said terrorism charges should be dealt with in the normal way "so they are not under the influence of the politics of the time".
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Southeast Asia
Al-Qaeda, JI sharing training camps in Southeast Asia
2006-04-08
AUSTRALIA'S top cop has evidence that Osama bin Laden's al-Qaida group is infiltrating South-East Asia.

Mick Keelty yesterday warned that al-Qaida and Jemaah Islamiah cells were sharing expertise at terrorist training camps in the area.

The Australian Federal Police Commissioner revealed al-Qaida was forging links with other extremist groups in South-East Asia.

Mr Keelty hopes the AFP will become part of a permanent regional anti-terrorism taskforce to counter the threat.

A working party will meet in the region within weeks to discuss agencies joining to fight the common curse of terrorism.

"I am very keen for the AFP to play a major role in the proposed regional taskforce," Mr Keelty told the Herald Sun.

In an interview to mark the first week of his second five-year term as AFP Commissioner, Mr Keelty also revealed:

HIS personal opposition to the death penalty would not stop him or the AFP co-operating fully with police from countries that execute criminals.

IF another Bali Nine situation arose in a death penalty country, he would have no hesitation in again tipping off police in that country.

DEPORTED French terror suspect Willie Brigitte was a significant threat to Australia and was almost certainly establishing a cell in Sydney to commit terrorist acts.

AVAILABLE evidence would lead any reasonable person to conclude former Melbourne taxi driver "Jihad" Jack Thomas was an al-Qaida recruit who was setting himself up in Australia as a sleeper agent for future use by al-Qaida.

BURGEONING threats from terrorist and organised crime groups meant it was time to consider radical reforms to Australia's judicial system, because the odds were currently in favour of the accused.

AUSTRALIAN authorities should consider establishing special terrorism courts to hear terrorism cases.

IT was time to consider allowing courts and jurors to draw adverse inferences against those on trial who choose to hide behind their right to silence rather than testify or answer police questions.

SOME judges were ruling too much evidence as inadmissible, which was contributing to guilty people going free.

HE believed jurors were often embarrassed to find out after returning not guilty verdicts that they never got to hear damning inadmissible evidence that would have changed their minds.

INTELLIGENCE suggested the AFP's three most wanted men - terrorists Noordin Top, Dulmatin and Umar Patek - were hiding near the border between the Philippines and Indonesia, and were plotting attacks by keeping in regular contact with extremists in Indonesia and Malaysia.

TOP, Dulmatin and Patek were involved in many of the recent terrorist attacks in South-East Asia, including the 2002 Bali bombing which killed 202 people, including 88 Australians.

INFORMATION provided to the National Security Hotline has greatly helped AFP and ASIO agents identify suspects and make arrests.

IT was vital that Australians continued to use the hotline to report suspicious activity because it was almost impossible for agencies alone to stop a suicide bomber.

THE AFP is working closely with Australian kidnap victim Douglas Wood and Iraqi police to prepare a brief of evidence against his kidnappers, and is confident those responsible will be convicted.

WEST African crime gangs were focusing on Australia to commit fraud and to smuggle drugs.

THE mistaken belief by young Australians that it was relatively safe to take ecstasy and amphetamine-based tablets was by far the biggest drug problem facing the community and police.

Mr Keelty said he expected countering terrorism and international organised crime gangs would continue to dominate the AFP's activities during his second five-year term as commissioner.

"It is increasingly critical that police travel the world to gather evidence that may assist in prosecuting those engaged in terrorism and other forms of crime," he said.

"But we encounter a number of constraints imposed by laws relating to evidence that does come from overseas.

"I believe Australia's criminal justice system needs to allow courts to exercise even greater discretion to admit evidence acquired in circumstances which may not strictly conform to domestic requirements."
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Down Under
Guilty verdict for Thomas
2006-02-26
A VICTORIAN Supreme Court jury today found the 32-year-old Werribee man guilty of one count of intentionally receiving funds from al-Qaeda. Jack Thomas was found not guilty of two counts of intentionally providing resources to al-Qaeda. He also was found guilty of possessing a false Pakistani passport.

Thomas faces a maximum 25 years' jail for receiving funds from al-Qaeda and two years' prison, or a $5,000 fine, for the passport offence. His wife Maryati and parents Patsy and Ian held hands as the verdict was read out after the week-long trial presided over by Justice Philip Cummins.

Thomas was the first Australian to be charged under new terror funding laws and the fifth charged under anti-terror legislation passed by federal parliament in October 2002, following the September 11 attacks in the United States. Osama bin Laden associate Khaled bin Attash gave Thomas $US3,500 ($4,740) and a plane ticket home from Pakistan.

During the trial, the Crown alleged Thomas had struck a deal with bin Attash to be a sleeper agent in Australia for bin Laden. Thomas left Australia for Pakistan on March 23, 2001, and returned home on June 6, 2003.

The Crown alleged Thomas had a Pakistani visa which had been altered to make it appear as if he had only been in the region for two weeks, instead of two-and-a-half years. His barrister Lex Lasry QC said Thomas planned to use the money bin Attash gave him to help his family and not for terrorism. He said the case against his client was based on guilt by association and branded it a "trophy trial" for the Australian Federal Police.

Outside the court, Rob Stary, a lawyer for Thomas, said it was a win that his client had been cleared of the most serious charge of providing himself as a resource to al Qaeda. "The fact that Jack Thomas has been acquitted of ... supporting a terrorist organisation or being a resource for a terrorist organisation, which were the ... most-serious charges in our view, is a very significant victory," Mr Stary told reporters.

Thomas's father Ian said he and his wife Patsy would continue to support their son. "As we have always known, Jack had nothing to answer for with these charges," he said. "We are very pleased with the jury, we thank the jury and the acquittal has been a great victory.

Thomas's wife Maryati said the couple's three young children longed to have their father home. "He is missing his kids very much." She said she would tell the children their father loves them very much and he was looking forward to seeing them soon.
Um, guys, he's guilty and he's going to be a while before he sees the kiddies.
Justice Cummins remanded Thomas in custody until March 2 when he will attend a pre-sentence hearing.
Link


Down Under
Jihad Jack's Lawyers Lodge Official Complaint
2005-06-09
LAWYERS for terrorism suspect Jack Thomas will lodge an official complaint about a television quiz show question they say could prejudice his trial. Mr Thomas, charged with receiving financial support from al-Qa'ida, providing the group with resources or support to help carry out a terrorist attack and having a false passport, was the subject of a question on Monday's Who Wants To Be a Millionaire. On the program, a contestant answered a $1000 question that asked: "Suspected of associating with the terror network al-Qa'ida, Joseph Terrence Thomas, was dubbed what? a) Jihad Jack; b) Joe Blow; c) Terror Terry; or d) Thomas the Tank Buster."

Thomas's solicitor, Rob Stary, said yesterday he would lodge a complaint with the Victorian Director of Public Prosecutions this week. "I think it's completely inappropriate to trivialise the matter when court proceedings are well and truly in place," Mr Stary said. "These are serious charges, and my client is entitled to the presumption of innocence."

Thomas's brother, Les Thomas, said their grandmother, aged in her late 70s, watched as the question was aired. "My grandmother nearly choked on her biscuits when she saw it," Mr Thomas said. He said the contestant had asked host Eddie McGuire to lock his answer in, and McGuire said: "Apparently he's been locked in for quite a while." Mr Thomas said a reasonable person who heard the question about his brother "would come away with the idea he actually calls himself Jihad Jack, which was never the case". His brother had adopted the name Jihad, a word he understood to mean "spiritual striving", when he converted to Islam in 1996. "Jihad Jack is a nice piece of alliteration the media has come up with, and the whole connotation is of a mad bomber who is intent on causing death and destruction. "That's not the brother I have known all my life."

A spokeswoman for Nine said the program's producers stood by the question. "The information is very much in the public domain," the spokeswoman said. "It didn't refer to what Jack Thomas might have done, more so what he has been dubbed."
Link


Down Under
Thomas's supporters meet in Melbourne
2005-03-22
About 100 people are attending a public meeting in Melbourne where organisers are calling for charges against accused terrorist supporter Jack Thomas to be dropped. Thomas, 31, is accused of accepting money from Al Qaeda to return to Australia as a sleeper for the organisation. Commonwealth authorities today lost their bid to revoke his bail ahead of next week's committal hearing. His lawyer, Rob Stary, says the case against his client relies only on an interview undertaken without a lawyer present, after 100 hours of interrogation. Mr Stary says Thomas made a complaint to Australian consular officials that he had been subjected to torture by an unknown intelligence agent. "Now that's completely consistent with many other claims of the released detainees that they had been subjected to pretty rigorous and vigorous interrogation," he said.
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