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Five Sydney terrorists jailed

2010-02-15

Five Sydney men convicted of terrorism-related offences have been sentenced to maximum sentences ranging from 23 to 28 years in prison. Justice Anthony Whealy, who presided over a trial that began in November 2008, said in the Supreme Court at Parramatta that the offence of conspiring to commit an act in preparation for a terrorist act or acts was higher on the scale of criminality. He said today that he was satisfied beyond reasonable doubt that each of the offenders had intended that the end result of their actions would be serious damage to property, carrying with it the risk of death or injury to the public. The men are not allowed to be named for legal reasons. The first man, 44, regarded as the principal organiser of the conspiracy, was sentenced to a maximum term of 28 years in prison, commencing on November 8, 2005, when he was arrested, with a non-parole period of 21 years. The second man 36, was sentenced to 27 years in prison from the time of his arrest in 2005, with a non-parole period of 20 years and three months. The third man, 40, was sentenced to 20 years in prison from the time of his arrest in 2005, with a non-parole period of 19 years and six months. The fourth man, 34, was also sentenced to 26 years in prison from the time of his arrest in 2005, with a non-parole period also of 19 years and six months. The fifth man, 25, who entered the conspiracy later than the others and was not arrested until September 21, 2006, received a term of 23 years, backdated to the time of his arrest with a non-parole period of 17 years and three months. The five men were among nine people arrested in a huge police and ASIO crackdown in 2005 and 2006. Of those, four have pleaded guilty to lesser offences and have been dealt with. The five who elected to go on trial pleaded not guilty and were convicted on October 16 last year. Justice Whealy said in his remarks on sentencing today that the jury had apparently been satisfied that each of the five had intended that acts be carried in Australia involving the detonation of explosives. He said the jury must have been satisfied that this was for the purpose of carrying out violent jihad so as to coerce the Australian government to change its policies regarding the invasion of Muslim countries. Justice Whealy said that what was particularly appalling was the videos and other extremist materials that had been found in possession of the accused. He said that some of the videos involving executions were so horrific that they had not been shown to the jury. Instead, only a written summary had been provided. Each of the offenders, Justice Whealy said, had been driven by a religious zeal, and the fact that it was a conspiracy meant that it took on a life of its own and was more menacing than the individual acts of the participants. He said that chemicals for bomb making and ammunition had been accumulated in preparation for a terrorist act or acts and he noted that there was "a wide range" of material that had never been recovered and might be available to terrorists in future conspiracies. The five accused wore traditional clothing and four of them wore prayer caps. During the judge's summing up, some of them smiled and, during breaks in his address, some of them exchanged pleasantries with each other. After the sentences were pronounced and the judge left the bench, all five broke into smiles. Two men shouted from the back of the court in Arabic: "Be patient. Allah is with you."

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Australia: Muslims accused of planning ''violent jihad''

2008-11-12

(AKI) - Five men described as devout Muslims possessed extremist material advocating violent jihad and showing images of ritual beheadings, an Australian court was told on Tuesday. The men are accused of conspiring with others to prepare a terrorist act. Crown prosecutor Richard Maidment, said they had allegedly obtained explosives and firearms. According to The Sydney Morning Herald daily Maidment said the men possessed material "which supported indiscriminate killing, mass murder and martyrdom in the pursuit of violent jihad." But the jury members have been told they must be convinced beyond a reasonable doubt that all five agreed to the preparation of a violent act motivated by religion, politics or ideology and aimed to intimidate or coerce governments or the public. "This is a circumstantial case," Supreme Court Justice Anthony Whealy told the jury. The government's prosecutor alleged the material found in the homes of the accused - Mohamed Elomar, Abdul Rhakib Hassan, Khaled Cheikho, Mostafa Cheikho and Mohammed Omar Jamal - showed they believed Islam was under attack and violent jihad was their religious obligation. The men, all Muslims, have pleaded not guilty. The trial started in Sydney on Tuesday and is expected to run for nine months. "The Muslim religion is not on trial here," stressed Justice Whealy. "We Australians are very fortunate because we live in a very tolerant and open-minded society." He instructed the jury to judge the case impartially and only on the evidence presented.

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Trial begins for five accused in terror plot in Australia

2008-11-11

Five men accused of plotting a terrorist attack went on trial Tuesday with prosecutors alleging that the men were Islamic extremists who stockpiled weapons and explosive chemicals in a plan to wage “violent jihad” against non-Muslims. After eight months of pretrial arguments and closed-door hearings, federal prosecutors began laying out their case against the five men, aged 24 to 43, before the New South Wales Supreme Court in western Sydney amid strict security. Khaled Cheikho, Moustafa Cheikho, Mohamed Ali Elomar, Abdul Rakib Hasan and Mohammed Omar Jamal were arrested in November 2005 and charged with conspiring to commit acts in preparation for a terrorist act, or acts. They have pleaded not guilty. Prosecutor Richard Maidment told the jury that the men were Islamic radicals who had obtained or sought to obtain large quantities of household and industrial chemicals that could be used to make explosives, and had also stockpiled guns and ammunition in preparation for the alleged attack, which was intended partly as retaliation for Australia’s support of the U.S.-led wars in Iraq and Afghanistan. Police raids on the men’s homes had also uncovered a substantial cache of extremist material, Mr. Maidment said, including bombmaking instructions, graphic videos of ritual beheadings and images of the hijacked planes smashing into the World Trade Center on Sept. 11, 2001. The men “possessed large quantities of literature which supported indiscriminate killing, mass murder and martyrdom in pursuit of violent jihad, and which apparently sought to provide religious justification for conduct of that nature,” Mr. Maidment said, according to local media at the court. The men, who face possible life sentences if convicted, are accused of launching the conspiracy between July 2004 and their arrests in November 2005. Specific details of the alleged plot or potential targets have not been released. Details of the case have been shrouded in secrecy. In the months leading up to Tuesday’s opening, presiding Justice Anthony Whealy issued some 65 written judgments, all but two of which - one on the location of the trial and the other on the configuration of the courtroom - were suppressed. In his instructions to the jury, the judge said that although the five men were being tried together, jurors would have to weigh the “circumstantial case” presented by the prosecution to reach individual verdicts for each defendant. He also warned the jurors not to prejudge the defendants because of their religion or appearance. “You must take prejudice and bias out of this trial altogether,” the judge said. “It’s an obvious truism for me to tell you that the Muslim religion is not on trial here.”

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No bail in 'formidable' terror case

2007-12-17

A Sydney man facing a terrorism-related trial has been denied bail after a judge said there was evidence to show he supported the "killing of infidels". Mohammed Omar Jamal, 23, applied for bail in the NSW Supreme Court, where he and eight other men are to face trial on February 25 for conspiring to perform acts in preparation for a terrorist attack. Mr Jamal's lawyer Greg Scragg argued there were exceptional circumstances in favour of his client being granted bail, among them his ill-health due to gallstones and the weakness of the crown case. Gallstones? Take 'em out. Problem solved. Justice Anthony Whealy, in his ruling handed down today, said the crown appeared to have a strong case against Mr Jamal. "It can be said that the case against the applicant is by no means a weak case, rather it is a formidable one," Justice Whealy said. He said the crown had evidence to suggest Mr Jamal was linked to the ordering of industrial chemicals, and also to extremist material, including a bomb-making manual. In referring to his eight co-accused, Justice Whealy also said there was evidence to suggest they held "common beliefs". "Each of the conspirators considers himself to be a devout Muslim," Justice Whealy said. He also said the group believed Islam "throughout the world has been under attack and there is a religious obligation to come to the defence". He also said the crown case pointed to a belief in "violent jihad ... including the killing of infidels." Justice Whealy dismissed the application for bail but issued an order for Mr Jamal's medical case to be elevated on the surgical list to prevent a clash with his trial. Mr Jamal has been in custody since his arrest in late 2005.

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Terrorism accused refuse to stand

2007-06-01

Nine men accused of preparing a terrorist act on Australian soil have ignited another debate, refusing to stand before the NSW Supreme Court and enter their not guilty pleas. The men, who were allegedly inspired by the September 11 attacks to plan terrorist attacks here, were brought amid tight security to the Supreme Court yesterday. They were formally arraigned, charged with conspiring to prepare a terrorist act, or acts, between July 8, 2004 and November 8, 2005. Before Justice Anthony Whealy read out the indictment to the men - many dressed in traditional Islamic robes - he asked them to stand and enter their pleas. A lawyer for some of the men, Adam Houda, said there was a problem. "The accused have a problem with standing up not to be disrespectful but it's a religious observance," Mr Houda said. Justice Whealy said he would not insist. "Judges are made of more robust material but a jury might take a different view." However, the men's stance concerned some Muslims. "[Standing up] is not out of respect for the judge, but for the institution of the court regardless of whether its Sharia or any other court," said a lawyer, Irfan Yusuf. "I can't see why these boys would have any problems. I am not aware of any mainstream religious scholars or jurists saying the accused should not stand." It would seem their problems are of their own making, wouldn't it? However, a friend of Mr Houda, the prominent Muslim spokesman Keysar Trad, told the Herald the observance came from an instruction by the prophet Muhammad to "not stand" and pay homage to him. "There's a lot of people in the Muslim community who take that proposition literally and feel if you were to stand up for another person that disturbs the balance of equality," Mr Trad said. "[Mr Houda] has assured me they were not being disrespectful." "No, no! Certainly not!" The men - Mazen Touma, Mohamed Ali Elomar, Abdul Rakib Hasan, Khaled Cheikho, Moustafa Cheikho, Khaled Sharrouf, Mirsad Mulahalilovic, Omar Baladjam and Mohamed Jamal - all entered not guilty pleas. The youngest is Jamal, 22, the oldest Elomar, 42. The logistical problems of the trial emerged yesterday, with the realisation that jury members may need to devote much of 2008 to hear the cases against the men. Justice Whealy, who presided over the trial of Faheem Khalid Lodhi last year, set the trial down for February, saying he did not want it to spill over into 2009.

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Lodhi jailed over terror plot

2006-08-23

A SYDNEY architect has been jailed for at least 15 years for planning a terrorist attack on Australian soil. Faheem Khalid Lodhi was today jailed for a maximum term of 20 years for acting in preparation for a terrorist attack. He sat quietly in the dock as Justice Anthony Whealy told the NSW Supreme Court Lodhi had intended to "advance violent giant jihad" in Australia. Justice Whealy said the attack, if carried out, "would instil terror into members of the public so that they could never again feel free from the threat of bombing attacks within Australia". The charges had carried a maximum sentence of life imprisonment. Lodhi, 36, was convicted of three terrorism-related charges but acquitted of a fourth charge. He was convicted of acting in preparation for a terrorist act by seeking information about chemicals capable of making explosives. He was also found guilty of possessing a so-called "terrorism manual" and of buying two maps of the electricity grid, connected with preparation for a terrorist act. He had pleaded not guilty to all charges.

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Lodhi sentence 'should punish'

2006-06-29

THE aim in sentencing convicted terrorist Faheem Khalid Lodhi should be to punish, deter and incapacitate, a Sydney court has been told. The sentence should "secure the proper measure of protection for society", Crown Prosecutor Richard Maidment SC told Lodhi's sentencing hearing in the NSW Supreme Court today. Lodhi was convicted last week of three terrorism offences, one of which carries a maximum life sentence. The 36-year-old architect was accused of planning to bomb the national electricity supply system in the cause of violent jihad, or holy war. A jury found him guilty of acting in preparation for a terrorist act, by seeking information about chemicals capable of making explosives in October 2003, an offence carrying a maximum penalty of life in prison. The Pakistani-born Australian citizen also was found guilty of possessing a 15-page "terrorism manual" with recipes for poisons and explosives, and of buying two maps of the electricity grid, connected with preparation for a terrorist act. The two offences each attract maximum 15-year jail terms. Making submissions to Justice Anthony Whealy, Mr Maidment did not specify what sentence the Crown was seeking. But he said the sentence should "act as a real and significant deterrent to others" and "secure the proper measure of protection for society". There was little local authority on sentencing for terrorism offences, as "these are the first convictions on these offences that have occurred in Australia", Mr Maidment said. But he referred Justice Whealy to an English judgment involving an IRA terrorist, which stated the court's object was to punish, to deter and to incapacitate, with the need for rehabilitation playing a minor role, if any. "We submit that these are principles which your honour should adopt," Mr Maidment said. He said Lodhi had inquired about buying chemicals capable of making explosives that could have caused "very substantial damage to property, and potentially the death of many people". He said that although the location, timing, precise target and participants in the terrorist act may not have been decided, Lodhi "was central to the scheme". Lodhi had shown no remorse, his plan was premeditated and he had acted surreptitiously, Mr Maidment said. His object was "to strike terror amongst members of the community ... so that they should not feel free from the threat of a bombing attack within Australia".

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Lodhi convicted of three terror charges

2006-06-19

A JURY has today found Sydney architect Faheem Khalid Lodhi guilty of three terrorism-related charges. A seven-week trial in the New South Wales Supreme Court was told that in October 2003 the 36-year-old was planning a bombing attack, motivated by violent jihad. The national electricity supply system or three Sydney defence sites – Victoria Barracks, HMAS Penguin or Holsworthy Barracks – were his possible targets, the jury was told. Lodhi inquired about chemicals capable of making explosives, and had instructions for making explosives, detonators and poisons, in preparation for a terrorist attack. He was also charged with acquiring two maps of the electricity grid and 38 aerial photographs of military sites connected with preparation for a terrorist act. Lodhi, a Pakistani-born Australian citizen, denied the charges, rejecting as absurd allegations he was planning a terrorist attack, or that he believed in violent jihad. "Lies! All lies!" He told the court he obtained the maps and inquired about chemicals as part of planned business ventures, while the aerial photographs were intended to enhance his CV. He never intended to use the instructions, he told the court. The jury of six men and six women spent five days deliberating before finding Lodhi guilty of three charges relating to the maps, chemical inquiries and instructions. However, he was acquitted of the fourth charge, with the jury finding he had not downloaded the aerial photographs for a purpose connected with terrorism. Lodhi is the first person to be convicted of a charge of preparing for a terrorist act, an offence which carries a maximum life sentence. Justice Anthony Whealy remanded Lodhi in custody to face sentencing submissions on June 29.

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Terror suspect denies 'pack of lies'

2006-05-23

SYDNEY terrorist suspect Faheem Khalid Lodhi today denied he was telling "a pack of lies" at his NSW Supreme Court trial. The 36-year-old architect is accused of planning to bomb the national electricity system or Sydney defence sites. He has pleaded not guilty to four terrorism-related charges. In October 2003, Lodhi allegedly inquired about buying chemicals capable of making explosives in preparation for a terrorist act. The jury has heard that when ASIO raided his office later that month, they found 15 pages of handwritten notes containing recipes for explosives, including urea nitrate. The prosecution has described the document as a "terrorism manual". Lodhi told the court he was planning to export chemicals to make detergents, and had forgotten about the notes at the time he inquired about chemical prices. During cross-examination, Crown Prosecutor Richard Maidment SC suggested Lodhi was trying to disguise the fact that he wanted to buy urea and nitric acid, two ingredients of urea nitrate. "Your story to the jury about your interest in manufacturing detergents is a load of rubbish ... you had in mind to prepare for a terrorist act," Mr Maidment said. "No, it's not right," Lodhi said. Lodhi told the court he had copied the information in the handwritten notes three or four years before the ASIO raid, from a website he stumbled across while using a computer at Sydney University. He said he spent one or two hours copying down the information, which he translated from English into his native language, Urdu. Lodhi said he looked at the website out of curiosity and had "foolishly" written down some of the information he found. He denied writing in Urdu to disguise the information or because he had "a guilty conscience" about the contents. Lodhi said he had not intended to keep the document and never even thought about using it. "I suggest that your story about finding this accidentally on the Internet ... is a load of rubbish," Mr Maidment said. "No, it's true," Lodhi replied. "You're telling the jury a pack of lies, aren't you?" Mr Maidment asked. "No, it's true," Lodhi said. Mr Maidment suggested Lodhi's evidence was "absolutely made up from start to finish", to cover up the fact that he had the notes "for a purpose connected with the preparation for an act of terrorism". Lodhi denied it. The trial continues before Justice Anthony Whealy.

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Army manual 'at accused's home'

2006-05-09

A UNITED States army officer today identified material allegedly found at the home of accused Sydney terrorist Faheem Khalid Lodhi as excerpts from a US army training manual. Prosecutors in Lodhi's NSW Supreme Court trial say the extracts, under the heading "The Mujahid's Handbook", were among material inciting jihad allegedly seized during an ASIO search of his home in October 2003. The manual was recommended as "a great resource for those of us travelling to the battlefield or for those wanting to learn more on the tricks or methods used by our enemies, so that we may defeat them", the jury has previously been told. Lodhi is accused of plotting to bomb the national electricity supply system or several Sydney defence sites. The 36-year-old architect has pleaded not guilty to four terrorism-related charges. His trial today heard evidence from Lieutenant Colonel Kevin Croteau, the US army's liaison officer based at Sydney's Victoria Barracks. Crown prosecutor Richard Maidment SC showed him four lever-arch folders of material downloaded from the internet. Lt Col Croteau, who has served in the army for almost 30 years, said they were accurate copies of the US Army Field Manual used in military training. The field manual was available to the public through US freedom of information laws and was accessible on the Internet, he said. Cross-examined by defence counsel Phillip Boulten SC, Lt Col Croteau said the material was not secret. "You can confirm that the material is circulating on the Internet at various sites and therefore is absolutely freely available to anyone in the world?" Mr Boulten asked. "That's correct," the officer replied. The trial continues tomorrow before Justice Anthony Whealy.

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