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Down Under
Australia's first terrorism conviction quashed
2006-08-18
The first Australian jailed under tough new anti-terrorism laws had his conviction quashed on Friday when an appeal court ruled a police interview given while under arrest in Pakistan was inadmissible, a court official said.

Joseph Terrence Thomas was found guilty in April of receiving $3,500 (1,858 pounds) and a plane ticket from senior al Qaeda agent Khaled bin Attash after training with Osama bin Laden's militant network in Afghanistan in 2001. Thomas, a father of three, was jailed for five years and also received a one-year sentence for possessing a false passport. He had faced a maximum 25-year sentence over the funding charge under tough new anti-terrorism laws, introduced not long after the September 11, 2001, attacks on the United States.

The Victorian state Supreme Court of Appeal quashed Thomas's conviction on Friday, saying his interview with Australian police in Pakistan was inadmissible as it was not voluntary and Thomas had no lawyer present to advise him. "Because of the conditions of his detention by Pakistani authorities, who would not allow him access to a lawyer, Thomas had no such opportunity," the court ruled. "In these circumstances, the court concluded, it was contrary to public policy to admit the evidence obtained in the record of interview," it said.

But the court has yet to rule on whether Thomas will be acquitted or face a re-trial. Prosecutors sought a re-trial in which they plan to use evidence given by Thomas in an Australian media interview, a court official told Reuters.
More at link
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Down Under
Thomas gets five years for terror
2006-03-31
THE first person in Australia to be convicted under new terrorism laws has been sentenced to five years' jail. Muslim convert and former Melbourne taxi driver, Joseph Terrence Thomas, was found guilty of intentionally receiving funds from al-Qaeda and holding a false passport. Supreme Court Justice Philip Cummins sentenced the 32-year-old to five years' jail, with a minimum of two years. Thomas, of suburban Werribee, was the first Australian to be charged under new terrorism laws and the fifth charged under anti-terrorism legislation passed by federal Parliament in October 2002.
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Down Under
Aussie 'beer-loving Muslim': Bin Laden doesn't like being kissed
2006-02-27
An Australian man convicted of receiving funds from Al Qaida has said Osama bin Laden does not like to be kissed and described himself as a reluctant Muslim who loved beer. Joseph Terrence Thomas said he had been seeking spiritual fulfilment as he went from a Christian upbringing in suburban Australia to becoming a Muslim convert training at an Al Qaida camp in Afghanistan. "I never really thought I'd be a Muslim," Thomas said on the Australian Broadcasting Corporation's "Four Corners" program on Monday. "I'd say, 'Oh look, you know, I really love your religion but I really love my beer'," he said.

Thomas, also known as Jack, on Sunday became the first Australian convicted under tough new anti-terrorism laws. The 32-year-old father of three was found guilty in Victoria state's Supreme Court of receiving $3,500 and a plane ticket from senior al Qaeda agent Khaled bin Attash after training at an al Qaeda camp in Afghanistan in 2001. A jury of nine women and three men on Sunday also found him guilty of possessing a false passport. Sentencing proceedings will begin on Thursday and Thomas's lawyers have said he plans to appeal against the convictions. Thomas was found not guilty of two charges that he had intentionally provided support and resources to bin Laden's militant network between July 2002 and January 2003.

While he was at the Al Qaeda camp in Afghanistan, Thomas said he saw bin Laden three times, once shaking hands with him. "Very polite and humble and shy. He didn't like too many kisses ... he didn't mind being hugged but kisses he didn't like and he just seemed to float .. across the floor," Thomas told Four Corners in interviews recorded a month ago.

While admitting he trained at the camp and met bin Laden, Thomas has said in several interviews that he never had any intention of accepting Attash's offer of becoming a "sleeper" agent in Australia. "I might be naive and I might be an idealist, but I am not a dickhead who will help to hurt innocent people, which those people have shown is their tactic," he told The Age newspaper in interviews recorded about four weeks ago and published on Monday.

Thomas was a pantomime performer as a child and said he started ballet classes so he could meet girls. Disappointed when he was rejected by a Victorian dance school for being too stocky, he instead joined his brothers' punk rock band, The Lobotomy Scars.

Thomas, a short, baby-faced man with a thin beard, walked to court each day of his week-long trial in Melbourne with his parents Ian, a retired technical school teacher, and his mother Patsy, an aged-care nurse, by his side. His family described him as an idealist with a great social conscience who was driven by injustice. He worked in a soup kitchen and took up sky diving and scuba diving and dabbled in Buddhism and the occult before a Muslim friend took him to a mosque. After his conversion to Islam, he chose the name "Jihad". He wanted a Muslim wife and married Maryati, an Indonesian policeman's daughter, after flying to South Africa to meet her on a friend's recommendation.

Thomas told the ABC he met Indonesian cleric Abu Bakar Bashir in Malaysia in 2000 on his way back from his haj pilgrimage to Mecca. Bashir was jailed for 30 months for his role in the 2002 Bali bombings which killed 202 people, including 88 Australians. "My wife had gone to school with his wife," Thomas said.

He said he went to Afghanistan seeking an Islamic utopia but didn't find it. He was detained in Pakistan in January 2003. "The Taliban had their traditions but many of them were not Islamic," he told The Age, referring to Afghanistan's fundamentalist Islamic rulers who were driven from power in late 2001 after they refused to hand over bin Laden.
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Down Under
Thomas let Binny pay for return flight, given secret al-Qaeda contact info
2006-02-20
ACCUSED terrorist Joseph Terrence Thomas would not have been given a secret al-Qaeda phone number and email address unless he had agreed to be a sleeper agent for them in Australia, a court has been told.

The 32-year-old Werribee man has pleaded not guilty in the Victorian Supreme Court to intentionally receiving funds and providing resources to al-Qaeda, and possessing a false passport.

In his closing address today, Crown prosecutor Nicholas Robinson said the jury must decide whether Thomas received funds from al-Qaeda and provided himself as a resource to the organisation.

He said whether or not Thomas pledged allegiance to al-Qaeda, or was a member of the organisation, was irrelevant.

Mr Robinson urged the jury to reject Thomas' denial in an Australian Federal Police (AFP) interview in March 2003 that he intended to act as an al-Qaeda sleeper.

He said Thomas' claim that he was on a different "tram track" to al-Qaeda was inconsistent with his actions, such as spending two years as a fugitive in Pakistani safehouses frequented by al-Qaeda members.

"If in fact he thought they were on the wrong tram track, if in fact he didn't hold their views, why did he stay with them?" Mr Robinson said.

Thomas accepted $US3,500 ($A4,740) and a ticket back to Australia from an Osama bin Laden associate called Khaled bin Attash.

He told the AFP that bin Attash said bin Laden needed a "white boy" to work for him in Australia, but he never intended to work for al-Qaeda or use the money for terrorism.

He told police that bin Attash also gave him a secret email address and telephone number to contact upon his return home.

"We say that bin Attash obviously wouldn't have given that number until he knew or had an agreement that the accused would go back (to Australia)," Mr Robinson said.

"It is clear ... that the accused is saying to police that the ticket that was handed over by bin Attash was for the purpose of going back to Australia to carry out a task for al-Qaeda."

During his opening address, defence counsel Lex Lasry, QC, said his client may be "naive" and "stupid" but he definitely was not a terrorist.

Today, Mr Robinson said the evidence suggested Thomas was a trusted al-Qaeda confidant and had sophisticated dealings with senior members of the group.

He said Thomas was so trusted that he was privy to a conversation about a plot to bring down a jet carrying Pakistani president Pervez Musharraf with a rocket launcher.

Mr Robinson said Thomas offered to do work such as obtaining false passports for the group twice and asked one al-Qaeda member for a house.

He said when Thomas met American Yahya Goba, 29, at the al-Qaeda run Al Farooq camp in Afghanistan in 2001, he allowed himself to be introduced as an Irishman and used the pseudonym Abu Khair.

"He is not naive, he is not stupid and these acts were intentional," Mr Robinson said.

Mr Lasry said the defence would not call any evidence.

Mr Robinson will continue his closing address in the trial presided over by Justice Philip Cummins tomorrow.
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Down Under
Thomas sez he never pledged allegiance to Binny, so he isn't a terrorist
2006-02-17
ACCUSED terrorist Joseph Terrence Thomas told police he had "plenty of opportunities" to pledge allegiance to Osama bin Laden during three months at his camp in Afghanistan, a court heard today. But he denied that he ever did, and told Australian Federal Police he had been angered by a suggestion put to him by an al-Qaeda member that a bomb attack in Australia could bring down the government. Mr Thomas, 32, of Werribee, has pleaded not guilty in the Victorian Supreme Court to a charge of intentionally receiving funds from a terrorist organisation between November 2002 and January 2003. He has pleaded not guilty to intentionally providing resources to a terrorist organisation from July 5, 2002 to January 4, 2003, and from November 1, 2002 to January 4, 2003. He also denies possessing a false passport on or about January 4, 2003.
"Lies! All lies!"
Mr Thomas was arrested in Pakistan on January 4, 2003, by Pakistani immigration officials and interviewed by AFP agents Jason Williams and Steve Lancaster two months later. He told the AFP he trained for three months in 2001 at the Al Farooq camp in Afghanistan, which he later realised was run by Osama bin Laden, who visited to give lectures on jihad. Mr Thomas said he then stayed in Pakistani safehouses, which were visited by al-Qaeda members.
Did he reveal details on their locations and the identities of their owners?
He told police he was not a member of al-Qaeda and never put himself in the hands of senior members of the terrorist organisation. "I had plenty of opportunities sir, plenty of opportunities," he told the AFP officers in his interview, which was played to a jury of nine women and three men today. "Osama bin Laden was right there in front of me, three times. (I) could have come up to him and said 'listen mate, (I) pledge allegiance to this, this and this' to the big man. But I never did it. I thought about pledging alliance many times. And I thought, no I will not do that."
"Nope, nope, couldn't do it, nope."
Mr Thomas said he became angry and hurt when al-Qaeda member Khaled bin Attash suggested an attack similar to the bombings in the Kenyan capital of Nairobi would bring down the Australian government.
Because you didn't want to take down your government, or because you didn't want to be considered just another splodydope?
He said bin Attash gave him $US3500 and organised a ticket from Pakistan back to Australia. Thomas said bin Attash told him bin Laden wanted a "white boy" to work for him in Australia and that Thomas could carry out surveillance of military installations upon his return. Thomas said while he took the ticket and the money all he wanted was to see his family and the cash was given to him so he could look after his family. "I wanted to work, you know, but I never followed up these initial stupid thoughts of mine," he told police.
Link


Down Under
Thomas was ordered to survey Australian military sites
2006-02-17
A Melbourne court has been told a Victorian man accused of terrorism offences was asked to work for Osama Bin Laden after a discussion about bringing down the Australian Government. The Victorian Supreme Court has been played an Australian Federal Police interview with 32-year-old Joseph Terrence Thomas of Werribee. Thomas told the police he did not know the Al Farouk training camp he attended in Afghanistan was connected to Al Qaeda until he saw Osama bin Laden there.

He told the police he was hurt and angry when an Al Qaeda member told him he thought an attack like the Nairobi Embassy bombings would bring down the Australian Government. He said he was then offered money and a ticket home and told bin Laden wanted someone to look at the locations of military installations in Australia. Thomas said he never intended to work for Al Qaeda and many people were being given tickets to get home to their families.

Thomas is charged with receiving funds from and providing resources to Al Qaeda. Earlier, an American prisoner gave evidence via a video link from the United States. Wahya Goba told the court he travelled from New York to Pakistan and then on to Al Qaeda's Al Farouk training camp in Afghanistan in May 2001. He told the court that before going to the camp he was shown a video narrated by Osama Bin Laden about the bombing of the US destroyer USS Cole off the Port of Yemen. He said it was shown as the solution to the atrocities and problems in the Muslim world.
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Down Under
Court hears of accused al-Qaeda sleeper
2006-02-16
A court has heard allegations that a Victorian man was asked to return to Australia as a sleeper for the terrorist group, Al Qaeda. A trial has begun for 32-year-old Joseph Terrence Thomas of Werribee who is charged with providing resources to and receiving funds from the Al Qaeda terrorist network between July 2002 and January 2003.

The Supreme Court has been told he trained with Al Qaeda in at the Al Farooq camp in Afghanistan in mid-2001 and was in close quarters with Osama Bin Laden on three occasions. It is alleged he was present during conversations about terrorist acts, including a possible attack in Australia, and that he accepted a Qantas ticket and money from Al Qaeda after being told that Bin Laden wanted an Australian to carry out operations here.

The prosecutor has told the jury Mr Thomas later told police he did not agree to become an Al Qaeda sleeper.

Thomas's lawyer has told the Victorian Supreme Court his client may be naive and stupid, but he definitely was not a terrorist. He told the jury Thomas did accept a plane ticket and money to get home but all the other aspects of the charges would be heavily disputed.
"My client is just a thief, really!"
The court heard Thomas told police one man's terrorist was another man's freedom fighter but that he did not agree with Al Qaeda's methods.
Link


Down Under
Aussie al-Qaeda suspect pleads not guilty
2006-02-13
An Australian terror suspect accused of aiding Osama bin Laden's al-Qaeda network pleaded not guilty Monday to four charges of aiding a terrorist organization.

Joseph Terrence Thomas, 32, a Muslim convert sometimes known as "Jihad Jack," appeared before the Victorian Supreme Court and pleaded not guilty to one count of intentionally receiving financial support from a terrorist organization.

The former taxi driver also pleaded not guilty to two counts of providing resources or support to a terrorist organization, and one count of having a false passport. He faces a maximum 25-year prison sentence if convicted.

Thomas was arrested by Australian federal police at his Melbourne home in November 2004 and granted bail in the Melbourne Magistrates' Court in February last year.

Opening statements in his trial are expected to begin Tuesday. Proceedings are expected to last around three weeks.
Link


Down Under
Deadly stash 'enough for 15 bombs'
2005-11-09
Members of the Sydney group arrested in Australia's biggest counter-terrorism operation are alleged to have stockpiled enough chemicals to make at least 15 large bombs. Chemicals freely available at hardware stores were all that was still needed for the group to replicate the formula used to make the bombs that killed 52 people, and four suicide bombers, in the July 7 London attacks, senior police said yesterday.
They said the group had registered a series of company names to justify the purchase of industrial chemicals.

Seventeen men have been arrested and charged after raids in the early hours of Tuesday involving 400 federal, Victorian and NSW police. Two of the suspects, Abdulla Merhi, 20, and Hany Taha, 31, were denied bail in Melbourne Magistrates Court yesterday and remanded with the others to appear in court next January.

During the hearing, the court heard evidence that a Melbourne office tower housing Commonwealth public servants may have been a potential target for attack. The court was told that a map of the building, Casselden Place, on the corner of Lonsdale and Spring Streets, had been found during investigations leading up to this week's arrests. The building houses hundreds of public servants from key federal agencies including the Department of Foreign Affairs and Trade and the Department of Immigration.

Brian Walters, SC, representing Taha, said there was no basis to the claim that a terrorist attack in Melbourne was imminent. Rob Stary, for Merhi, who is alleged to have volunteered to become a suicide bomber, said comments by senior police and politicians had effectively removed the presumption of innocence for the accused men.

Magistrate Reg Marron, refusing bail, said evidence of the alleged plot for violent jihad was "extremely alarming". Mr Marron also noted the ease with which the internet offered access to the bomb-making instructions allegedly seen by one of the terror cells.

The final decision to raid dozens of properties in Melbourne and Sydney on Tuesday was made at the weekend after police concluded that the Sydney men were sufficiently advanced in their planning to have produced bombs within days. There were nine arrests in Melbourne and eight in Sydney, where one suspect was shot after allegedly firing at police. The wounded man, former bit-part television actor Omar Baladjam, 28, was charged yesterday during a bedside court hearing at Liverpool Hospital. Charges against him include attempting to murder police and terrorism and firearms offences.

The other Sydney suspects, who have been charged with plotting a terrorist act, were transferred to high-security jails outside the city last night. Two high-speed police convoys headed towards prisons at Goulburn and Lithgow. The Melbourne suspects, who are being held at the maximum security Barwon Prison, are charged with knowingly belonging to a terrorist organisation. The alleged leader of both groups, Melbourne Muslim cleric Abdul Nacer Benbrika, also faces a charge of directing a terrorist organisation.

Victoria Police acting Deputy Commissioner Noel Ashby said the Melbourne suspects could face further charges following examination of material on seized computers. "There is an immense amount of material that we need to look at," he said. Mr Stary confirmed moves to defer the trial of another terror suspect, Joseph Terrence Thomas, of Werribee, due to this week's developments. "There will be an application to adjourn the proceedings on the basis of Mr Thomas' capacity to have a fair trial in the present environment," Mr Stary said. Sydney lawyer Adam Houda lashed out at what he called "trial by media" and irresponsible comments by politicians.

A spokeswoman for Victorian Corrections Commissioner Kelvin Anderson said prison authorities had spent $11 million to introduce new technology to prepare for high-risk prisoners such as those associated with organised crime and terrorist allegations. The arrested men, who are being held in solitary confinement, would receive a diet in keeping with Islamic beliefs, he said.

Police said they had learned that suspects in Melbourne and Sydney had recently made legal appointments, leading intelligence analysts to suspect the men may have been planning to write wills before a terrorist attack. Aldo Borgu, of the Australian Strategic Policy Institute, said that some suicide bombers had been known to organise their affairs before acting, but it was difficult to profile them because their motives were often individual. "It's been known (for suicide bombers to make a will), but we don't know how common it is, or even if it is a majority thing," Mr Borgu said.

It is believed that Victorian police had gathered sufficient evidence as part of Operation Pendennis to arrest the Melbourne suspects at least a month ago, but waited for more information to be gathered on the Sydney cell before the co-ordinated raids were launched. Police are now using technology experts to try to break codes on the computer hard drives of some of the suspects to gather further information.
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Down Under
Australia wants Waheed’s statement in Thomas trial
2005-08-05
Cardiologist Akmal Waheed told an intelligence agency last week he would give a statement in the trial of Joseph Thomas, an alleged Australian Al Qaeda member, only after seeing his photograph. Waheed was sentenced to 18-years imprisonment for sheltering and treating members of a Pakistani Al Qaeda-linked group. Sources told Daily Times the Australian Federation Police wanted Waheed to give a statement in Thomas’s trial. Thomas was arrested from Pakistan while trying to leave here using a fake passport. He was deported to Australia in June 2003.

Sources said that Australian authorities had asked the Interior Ministry for Waheed’s statement, alleging that the cardiologist had met Thomas in Afghanistan. Sources said a local intelligence agency met Waheed at Karachi Central Prison last week regarding this matter. “Waheed told the agents that he might have met Thomas at a Pakistan Islamic Medical Association (PIMA) medical camp in Afghanistan but did not know anyone with such a name, especially since it was a Christian name and the man (most probably) had converted to Islam,” they added. The cardiologist had said he would only give a statement after identifying the man through his picture, said sources. A Melbourne Magistrate Court released Thomas, who converted to Islam in 1996 and changed his name to Jihad, on February 15, 2005. He claimed he had been tortured in Pakistan.

Osama Bin Laden allegedly recruited Thomas, a “sleeper” agent in Australia, to recce Afghanistan. Thomas worked as a taxi driver there for several years. He is also accused of training at a militant camp near Kandahar, fighting for Al Qaeda and being funded by the group. Thomas could be awarded the maximum jail term of 50 years imprisonment if proven guilty.
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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."
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Down Under
'Jihad Jack' unhappy with Al Qaeda methods, court told
2005-03-22
A Melbourne court has been told a man accused of working for Al Qaeda did not agree with the terrorist group's methods. Thirty-one-year-old Joseph Terrence Thomas of Werribee, south-west of Melbourne, is facing three charges, including providing support to and receiving funds from the Al Qaeda terrorist network in 2001.

A committal hearing has begun with the Melbourne Magistrates Court hearing Thomas admitted he twice offered to work for Al Qaeda, including obtaining passports for members. The prosecutor told the court Thomas trained at a camp in Afghanistan in 2001 to help Al Qaeda fight the Northern Alliance. He also said Thomas trained to take part in a jihad and knew Al Qaeda's objective was to use force to make America change its ways.

The court also heard Thomas told Australian police that one man's terrorist was another man's freedom fighter and that he was willing to work for Osama Bin Laden in Australia, although he had said he did not agree with Al Qaeda's methods. The hearing is continuing behind closed doors for security reasons and is expected to take three days.
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