Jack Thomas | Jihad Jack | al-Qaeda | Down Under | 20050609 | ||||
Jack Thomas | al-Qaeda | Down Under | Australian | In Jug | 20030604 |
Down Under |
Jihad Jack to appeal retrial order |
2008-06-19 |
![]() 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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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.
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'Jihad Jack' asks High Court to lift restrictions |
2006-12-06 |
![]() 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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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.
Like Hutchison,
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.
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.
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.
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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Yemen-arrested brothers' mum also a suspect | ||
2006-11-02 | ||
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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.
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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"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.
"There are good reasons to believe that given Mr Thomas has received training with al-Qaida he is now an available resource that can be tapped into to commit terrorist acts on behalf of al-Qaida 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.
"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 Thomass links with extremists such as Abu Bakir Bashir, some of which are through his wife, may expose and exploit Mr Thomass vulnerabilities. "Furthermore, the mere fact that Mr Thomas has trained in al-Qaida training camps, and associated with senior al-Qaida 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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Guilty verdict for Thomas | |
2006-02-26 | |
![]() 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.
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Down Under |
Jihad Jack's Lawyers Lodge Official Complaint |
2005-06-09 |
![]() 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." |
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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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