Down Under |
Five Sydney terrorists jailed |
2010-02-15 |
![]() 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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Down Under |
Australia: Muslims accused of planning ''violent jihad'' |
2008-11-12 |
![]() 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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Down Under |
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 Australias support of the U.S.-led wars in Iraq and Afghanistan. Police raids on the mens 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 Tuesdays 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. Its an obvious truism for me to tell you that the Muslim religion is not on trial here. |
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Australian court told six sought "violent jihad" |
2008-10-27 |
Six alleged Sydney jihadists obtained, or sought to acquire, a stockpile of chemical weapons capable of causing "substantial damage and loss of life", potential jurors have been told. Counsel for the prosecution Richard Maidment SC said they were driven to wage violent jihad against the Australian public by fervent Islamic beliefs in martyrdom. Mr Maidment on Monday addressed the first 220 potential jurors at the trial of Bradley Umar Sariff Baladjam, 31, Khaled Cheikho, 35, Moustafa Cheikho, 31, Mohamed Ali Elomar, 43, Abdul Rakib Hasan, 39, and 24-year-old Mohammed Omar Jamal. The six have pleaded not guilty to conspiring to commit acts in preparation for a terrorist act, and are standing trial in the NSW Supreme Court. Offering a "thumbnail sketch" of his case, Mr Maidment said the accused were among a group of at least nine western and south-western Sydney men allegedly planning one or more terror-related acts. Literature, images and video were found in their possession which advocated the activities of "notorious persons such as Osama bin Laden" and the pursuit of martyrdom through jihad. "Each of these men were apparently strong adherents to the Islamic faith and were each motivated by a particular religious, political or ideological cause, that being the pursuit of violent jihad," Mr Maidment said. "In essence that meant that the accused were motivated to carry out violent activities against members of the Australian community as a whole, in pursuit of their ideals." Mr Maidment said the men obtained large quantities of firearms and ammunition between July 2004 and November 2005, as well as significant amounts of chemicals such as acetone and hydrogen peroxide. They also had detailed written instructions on how to manufacture explosives "capable of causing substantial damage and loss of life", he said. Justice Whealy said the trial was expected to run for up to a year, with up to 700 witnesses, with brief breaks over Christmas and Easter. Five thousand potential jurors have been summonsed, and the selection process is expected to take the rest of the week. The two-week crown opening is expected to begin next Wednesday, November 5. |
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Australian Terror suspect denied visit to dying Mother | |||||
2008-05-30 | |||||
A man facing terrorism charges has been refused permission for further visits to the hospital bedside of his dying mother, the NSW Department of Corrective Services says.
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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."
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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Down Under |
9 face trial in Australia terror plot |
2007-05-01 |
Nine men accused of stockpiling bomb-making chemicals and vowing to avenge perceived injustices against Muslims have been ordered to stand trial for Australia's largest alleged terrorist conspiracy, a court official said Tuesday. Magistrate Michael Price ruled that the evidence was strong enough to be heard by a Supreme Court jury and referred the case to the higher court on June 1, said an official at Penrith Local Court, who spoke on condition of anonymity in line with policy. The nine men each are charged with conspiring between June 2004 and November 2005 to carry out a terrorist act. None of the suspects, who face a maximum penalty of life in prison if convicted, entered a plea, but their lawyers have said they maintain they are innocent. Prosecutors said at the pretrial hearing that the nine suspects bought unrestricted chemicals that can be used in making explosives, and downloaded instructions from the Internet that included how to mix the cocktail of agents used to make the bombs used in the deadly 2005 London subway attacks. Prosecutors allege the nine were devotees of a radical Muslim cleric sympathetic to Osama bin Laden, and struck a pact to launch a terrorist attack because they felt their religion was under attack. No planned target has been revealed, but police alleged the suspects had Australia's only nuclear reactor a small facility used to make radioactive medical supplies under surveillance. They were arrested in a series of 2005 raids in Sydney and the southern city of Melbourne, where cleric Abdul Nacer Benbrika and other followers also were detained and now face separate charges of belonging to a terrorist group. Authorities said police found transcripts of bin Laden speeches and other al-Qaida material, as well as videos of people being beheaded, in some of the suspects' homes. The nine suspects are Mohammed Ali Elomar, Mazen Touma, Abdul Rakib Hasan, Khaled Cheikho, Moustafa Cheikho, Khaled Sharrouf, Mirsad Mulahalilovic, Omar Baladjam and Mohammed Jamal. |
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Down Under |
Chemicals stockpiled for 'jihad on Sydney' |
2007-03-09 |
NINE suspected terrorists allegedly stockpiled a cache of deadly chemicals as they plotted a "violent jihad" on Sydney. In what is being described as the biggest terror trial in Australia's history, Penrith Local Court yesterday heard for the first time detailed allegations against the nine alleged Muslim extremists. The men stand accused of plotting a massive terrorist attack on Sydney - with Lucas Heights nuclear plant the possible target. In her opening address, prosecutor Wendy Abraham QC claimed preparations for an attack involved chemical stockpiling, the collation of "extremist" documents and specialised terrorist training. The court heard documents written in Arabic showed step-by-step instructions on how to make deadly explosives such as TATP and HMTD. The materials were allegedly found during searches of their homes and vehicles, with one found hidden in a children's book called Choice Islamic Stories. Bradley Umar Sariff Baladjam, Khaled Cheikho, Moustafa Cheikho, Mohamed Ali Elomar, Abdul Rakib Hasan, Mohammed Omar Jamal, Mirsad Mulahalilovic, Khaled Sharrouf and Mazen Touma faced court together for the first time since their arrest during ASIO raids in November 2005. The court heard Touma had told his mother he was about to enter paradise and that "Allah's satisfaction is more important than yours". "He (Touma) spoke of Allah giving him a paradise for martyrdom," Ms Abraham said. "It is alleged he said his mother should be patient because tomorrow her children would be in paradise." The Crown alleges the defendants each played a role in conspiring to prepare for a terrorist attack by equipping themselves with the "knowledge, ability and means to prepare and plan for a terrorist attack". "They believed Islam was under attack and and in defence of Islam and other Muslims ... the primary tool was violent jihad," Ms Abraham said. The defendants allegedly obtained or attempted to obtain chemicals and necessary items that could be used in the construction of explosives. These include 50 litres of hydrochloric acid, 200 litres of sulphuric acid and more than 60 litres of hydroperoxide. It is also alleged the group had large amounts of "extremist" and instructional material as well as firearms and ammunition used in SKS and AK47 semi-automatic weapons. The court heard how the men shopped at chemists, hardware stores and discount shops in Sydney and Melbourne for chemicals and items such as PVC piping. The committal hearing, expected to run for at least two months, continues today. |
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Heavy security as Aussie terror plot hearings begin |
2007-03-05 |
![]() A hearing to determine whether there is enough evidence to go to trial began Monday at the Penrith District Court amid tight security. Armed police stood guard at the courthouse and patrolled nearby streets, while lawyers, journalists and members of the public underwent rigorous security checks before being allowed to enter the building. But James Renwick, a lawyer for the national spy agency, the Australian Security Intelligence Organization, told Magistrate Michael Price that he would request that the hearing be closed to the public for national security reasons. Price did not immediately rule on the request. The nine accused -Mohammed Ali Elomar, Mazen Touma, Abdul Rakib Hasan, Khaled Cheikho, Moustafa Cheikho, Khaled Sharrouf, Mirsad Mulahalilovic, Omar Baladjam and Mohammed Jamal -did not appear in court Monday, but were likely to attend Tuesday when lawyers present the evidence against them. A police report handed to the court at the time of the arrests claimed the men had attended "jihad" training courses in the Australian Outback and were assembling chemicals, detonators, digital timers and batteries to carry out a major bomb attack. The Lucas Height nuclear reactor, a facility used to make radioactive medical supplies on the southern edge of Sydney, Australia's most populous city, was listed as a possible target. The report also alleged several members of the group took "jihad training" trips to the Outback town of Bourke, about 650 kilometers (400 miles) northwest of Sydney, in mid-2005. The hearing is expected to last up to three months. |
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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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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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Down Under |
"Hi babe" is terror message, Australia court hears |
2006-05-12 |
![]() During a bail application for one of the men, Khaled Cheikho, 32, in the New South Wales Supreme Court, a prosecutor said the men used "covert phones" under false names and code to communicate, Australian Associated Press reported from the court. One message between Cheikho and co-accused Mohammed Elomar referred to the purchase of some insulation tape allegedly used to make explosives, said prosecutor Wendy Abraham. "Hello darling, could you let me know if you still have rolls of the silver tape," a message from Cheikho read. Abraham said the text messages were also used to organize meetings between the men. Cheikho is the first to have a bail hearing. The bail hearing has been adjourned until June. Eighteen Muslim men, one an Islamic cleric, were arrested in raids in Sydney and Melbourne last December and charged with being members of a terrorist organization and/or plotting a terrorist attack. In an earlier court appearance in Melbourne, a prosecutor said the men discussed revenge attacks against Australia and killing Prime Minister John Howard. In a Sydney court, a prosecutor said the men arrested in Sydney may have been planning to attack the city's small research nuclear reactor. |
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