Australia Response

Australia's Counter-Terrorism Prosecutions What this document does: This document sets out two tables which list individuals who have been charged with terrorism offences under Australia's counterterrorism legislative framework. At the forefront of the Commonwealth's legislative framework is Part 5.3 of the Criminal Code Act 1995 ("Criminal Code"), which contains offences aimed at individuals who engage in, train for, prepare, plan, finance or otherwise support terrorism activities. All offences referred to in the following tables are sections under the Criminal Code, unless otherwise stated. What each table contains: Table 1 lists the individuals who have been prosecuted for offences under Part 5.3 of the Criminal Code. In the past 10 years, 35 people have been prosecuted and 23 people have been convicted for offences under the Criminal Code (although some of these convictions are under appeal). Table 2 lists the individuals who have been charged but not prosecuted for offences under the Criminal Code. In the past 10 years, 2 individuals have been charged but not prosecuted for an offence under the Criminal Code. The tables list: - The state where the individual was charged/prosecuted - Their name (where not subject to a non-publication order) - Their nationality - Their date of arrest (where not subject to a non-publication order) - The offence for which they were charged - Their plea - The result of any trials or appeals - The date the plea was entered or the conviction/acquittal was handed down - The sentence imposed - Their current status Note: All people who have been charged with terrorism offences were first arrested. Therefore, 37 people have been arrested for terrorism offences in the past 10 years (35 people who have been prosecuted and 2 people who were charged but not prosecuted). 1 Table 1 - Individuals prosecuted for terrorism offences under the Criminal Code State Person Charged Abdul Benbrika Nationality Date Arrested Australian 8 November 2005 Offences Plea Result Date of plea or conviction /acquittal Sentence (a / b: a=total, b=non-parole) Current status Gaol Victoria 101.4(1) (possessing a thing connected with the preparation of a terrorist act) Not guilty Conviction overturned and remitted to VSC for retrial Guilty 15 September 2008 15 yrs 102.2 (directing activities of terrorist organisation) 102.3 (membership of terrorist organisation) Not guilty Not guilty Guilty 15 September 2008 5 yrs Victoria Aimen Joud Australian 8 November 2005 101.4(1) (possessing a thing connected with the preparation of a terrorist act) - 2 counts 102.6(1) (intentionally make funds available to a terrorist organisation 102.7(1) (providing resources to a terrorist organisation) 102.3 (membership of terrorist organisation) Not guilty NB: High Court Special Leave Application filed Acquitted Total sentence: 15 / 12 yrs 25 October 2010 Gaol Not guilty Guilty 15 September 2008 6 yrs Not guilty Guilty 15 September 2008 8 yrs Not guilty Guilty NB: High Court Special Leave Application filed Guilty 15 September 2008 4.5 yrs Total sentence: 8 / 6 yrs Victoria Fadl Sayadi Australian 8 November 102.7(1) (providing Not guilty 15 September 2008 7 yrs Free 2 State Person Charged Nationality Date Arrested 2005 Offences Plea Result Date of plea or conviction /acquittal Sentence (a / b: a=total, b=non-parole) Current status resources to a terrorist organisation) 102.3 (membership of terrorist organisation) Not guilty Guilty 15 September 2008 4.5 yrs Total sentence: 7 / 5 yrs 3 mths 4 yrs Victoria Abdullah Merhi Australian 8 November 2005 102.3 (membership of terrorist organisation) 102.7(1) (providing resources to a terrorist organisation) Not guilty Guilty 15 September 2008 Free Not guilty Acquitted 15 September 2008 Total sentence: 4 / 3 yrs Victoria Ahmed Raad Australian 8 November 2005 102.7(1) (providing resources to a terrorist organisation) 102.6(1) and 11.1(1) (intentionally make funds available to a terrorist organisation 102.3 (membership of terrorist organisation) Not guilty Guilty 15 September 2008 8 yrs Gaol Not guilty Guilty 15 September 2008 5 yrs Not guilty Guilty 15 September 2008 4.5 yrs Total sentence: 8 / 6 yrs 4 yrs Victoria Ezzit Raad Australian 8 November 2005 102.6(1) and 11.1(1) (intentionally make funds available to a terrorist organisation) 102.3 (membership of terrorist organisation) Not guilty Guilty 15 September 2008 Free Not guilty Guilty NB: HC Special Leave Application filed 15 September 2008 4 yrs Total sentence: 6 yrs / 4.5 yrs 3 State Person Charged Amer Haddara Nationality Date Arrested Australian 8 November 2005 Offences Plea Result Date of plea or conviction /acquittal 16 September 2008 Sentence (a / b: a=total, b=non-parole) Current status Free Victoria 101.4(1) (possessing a thing connected with preparation for a terrorist act) 102.3 (membership of terrorist organisation) Not guilty Acquitted Not guilty Guilty 16 September 2008 4 yrs Total sentence: 4 / 3 yrs 2.5 yrs Victoria Shane Kent Australian 8 November 2005 101.5(2) (making a document connected with preparation of a terrorist act) 102.3 (membership of terrorist organisation) 102.7(1) (providing resources to a terrorist organisation) 102.7(1) (providing resources to a terrorist organisation) 102.3 (membership of terrorist organisation) Guilty Guilty 28 July 2009 On parole Guilty Guilty 28 July 2009 4.5 yrs Charge not proceeded with Guilty Guilty 5 July 2007 Total sentence: 5 / 3 yrs 9 mths 5 yrs On parole Victoria Izzydeen Atik Australian 8 November 2005 Guilty Guilty 5 July 2007 5 yrs Total sentence: 5.5yrs / 4 yrs 1 mth 14 days Victoria Victoria Majed Raad Shoue Hammoud Australian Australian 31 March 2006 31 March 2006 102.3 (membership of terrorist organisation) 102.6(1) (intentionally make funds available to a terrorist organisation) 102.3 (membership of terrorist organisation) 102.6(1) (intentionally make funds available to a terrorist organisation) Not guilty Not guilty Acquitted Acquitted 15 September 2008 15 September 2008 Free Free Victoria Bassam Raad Australian 31 March 2006 Not guilty Not guilty Acquitted Acquitted 15 September 2008 15 September 2008 Free 4 State Person Charged Nationality Date Arrested Offences Plea Result Date of plea or conviction /acquittal 15 September 2008 15 September 2008 Sentence (a / b: a=total, b=non-parole) Current status Victoria Hany Taha Australian 8 November 2005 102.3 (membership of terrorist organisation) 102.6(1) (intentionally make funds available to a terrorist organisation) 102.3 (membership of terrorist organisation) 101.5 (making a document in connection with the engagement of a person in a terrorist act) 101.1 and 11.4 (inciting another to commit a terrorist act) 101.5(1) (collecting documents connected with preparation of a terrorist act) 101.6(1) (doing an act in preparation for, or planning a terrorist act) 101.4(1) (possessing a thing, namely a document connected with preparation for a terrorist act) 101.5(1) (making a document connected with preparation for a terrorist act) 34G(5) ASIO Act (giving false or misleading answers under warrant) 102.6(1) (receiving funds Not guilty Not guilty Acquitted Acquitted Free New South Wales Mr Belal Khazaal Australian 2 June 2004 Not guilty Not guilty Acquitted Guilty (conviction under appeal) 15 September 2008 10 September 2008 12 / 9 yrs (sentence under appeal) Gaol Not guilty New South Wales Mr Faheem Lodhi Australian 24 April 2004 Not guilty No verdict returned - listed for retrial Guilty 19 June 2006 10 yrs Gaol Not guilty Guilty 19 June 2006 20 yrs Not guilty Guilty 19 June 2006 10 yrs Not guilty Acquitted 19 June 2006 Charge withdrawn Not guilty Acquitted (on 23 October 2008 Total sentence: 20 / 15yrs Free Victoria Joseph Terrence Australian 18 November 5 State Person Charged Thomas Nationality Date Arrested 2004 Offences Plea Result Date of plea or conviction /acquittal Sentence (a / b: a=total, b=non-parole) Current status from a terrorist organisation) 102.7(1) (providing support or resources to a terrorist organisation) - 2 charges 9A(1)(e) Passports Act (possessing a false passport) retrial) Not guilty Acquitted 26 February 2006 Not guilty New South Wales New South Wales Izhar Ul Haque Person A Australian Australian 15 April 2004 Cannot be disclosed 102.5(1) (receiving training from a terrorist organisation) 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) Not Guilty Guilty Note: not a terrorism offence Charge withdrawn Guilty NB: Appeal lodged Guilty NB: Appeal lodged Guilty 26 February 2006 9 months Free 16 October 2009 27 / 20.25yrs Gaol New South Wales Person B Australian / Bangladeshi Cannot be disclosed Not Guilty 16 October 2009 26 / 19.5yrs Gaol New South Wales Person C Australian Cannot be disclosed Not Guilty 16 October 2009 28 / 21yrs Gaol New South Wales Person D Australian Cannot be disclosed 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) Not Guilty NB: Appeal lodged Guilty 16 October 2009 26 / 19.5yrs Gaol New South Wales Person E Australian Cannot be disclosed 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) Not Guilty NB: Appeal lodged Guilty 16 October 2009 23 / 17.25yrs Gaol New South Wales Person F Australian Cannot be disclosed 101.4(1) (possessing a thing connected with preparation for a terrorist act) Guilty NB: Appeal lodged Guilty 3 August 2009 5.25 / 3 yrs, 11 mths, 7 days Free 6 State Person Charged Nationality Date Arrested Offences Plea Result Date of plea or conviction /acquittal Sentence (a / b: a=total, b=non-parole) Current status 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) Charge not proceeded with New South Wales Person G Australian Cannot be disclosed 101.6(1) (doing an act in preparation for a terrorist act) - 2 counts 101.4(1) (possessing a thing connected with preparation for a terrorist act) - 2 counts 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) Guilty Guilty 12 September 2008 14 yrs each Gaol Guilty Guilty 12 September 2008 8 yrs each Charge not proceeded with Total sentence: 14 yrs /10.5 yrs. New South Wales Person H Australian Cannot be disclosed 101.6(1) (doing an act in preparation for a terrorist act) - 2 counts 101.4(1) (possessing a thing connected with the preparation of a terrorist act) - 2 counts 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) 101.4(1) (possessing a thing connected with preparation for a terrorist act) 11.5 and 101.6 (conspiring to do acts in preparation for a terrorist act) Guilty Guilty 3 November 2008 18 yrs 8 mths each Gaol Guilty Guilty 8 years for count 1, 7 years for count 2 Charge not proceeded with Guilty Guilty 24 October 2008 New South Wales Person I Australian / Bosnian Cannot be disclosed Total sentence: 14 years non parole 4 yrs 8 mths / 3.5yrs Free Charge not proceeded with 7 State Person Charged Aruran Vinayagamoort hy Nationality Date Arrested Australian 1 May 2007 Offences Plea Result Date of plea or conviction /acquittal 24 December 2009 Sentence (a / b: a=total, b=non-parole) 2 yrs suspended Current status Free (on good behaviour) Victoria 21 Charter of the UN Act 1945 (Intentionally making an asset (funds) available to a proscribed entity) (2 counts) 102.3 (Intentionally being a member of a terrorist organisation ) 102.6(1) (Intentionally making funds available to a terrorist organisation ) 102.7(1) (Intentionally providing support or resources (self) to a terrorist organisation ) 21 Charter of the UN Act 1945 (Intentionally making an asset (funds) available to a proscribed entity) 102.3 (Intentionally being a member of a terrorist organisation ) 102.6(1) (Intentionally making funds available to a terrorist organisation ) 102.7(1) (Intentionally providing support or resources (self) to a terrorist organisation ) Guilty Guilty Charge not proceeded with Charge not proceeded with Charge not proceeded with Victoria Sivarajah Yathavan Australian 1 May 2007 Guilty Guilty 24 December 2009 1 yr suspended Free (on good behaviour) Charge not proceeded with Charge not proceeded with Charge not proceeded with 8 State Person Charged Arumugam Rajeevan Nationality Date Arrested Australian 10 July 2007 Offences Plea Result Date of plea or conviction /acquittal 24 December 2009 Sentence (a / b: a=total, b=non-parole) 1 yr suspended Current status Free (on good behaviour) Victoria 21 Charter of the UN Act 1945 (Intentionally making an asset (funds) available to a proscribed entity) 102.3 (Intentionally being a member of a terrorist organisation) 102.6(1) (Intentionally making funds available to a terrorist organisation ) 102.7(1) (Intentionally providing support or resources (self) to a terrorist organisation ) 11.5 and 101.6(1) (conspiracy to do act in preparation for, or planning a terrorist act) 11.2 and 6(1) of the Crimes (Foreign Incursions and Recruitment) Act 1914 (aiding, abetting, counselling or procuring a hostile act in a foreign state) s 7(1) of the Crimes (Foreign Incursions and Recruitment) Act (conducting preparations for incursions into a foreign state to engage in hostile activities) 11.5 and 101.6(1) (conspiracy to do act in preparation for, or planning a terrorist act) 11.5 and 101.6(1) (conspiracy Guilty Guilty Charge not proceeded with Charge not proceeded with Charge not proceeded with Victoria Saney Aweys Australian 4 August 2009 Not guilty Guilty Guilty- 23 December 2010 Awaiting sentence Remanded in custody Separate trial ordered - not yet listed Charge not proceeded with Victoria Yacqub Khayre Australian 4 August 2009 4 August Not guilty Acquitted 23 December 2010 Acquitted Free Victoria Nayef El-Sayed Australian Not guilty Guilty 23 December 2010 Awaiting sentence Remanded in 9 State Person Charged Nationality Date Arrested 2009 Offences Plea Result Date of plea or conviction /acquittal 23 December 2010 Sentence (a / b: a=total, b=non-parole) Current status custody Victoria Wissam Fattal Australian 4 August 2009 4 August 2009 Victoria Abdirahman Ahmed Australian to do act in preparation for, or planning a terrorist act) 11.5 and 101.6(1) (conspiracy to do act in preparation for, or planning a terrorist act) 11.5 and 101.6(1) (conspiracy to do act in preparation for, or planning a terrorist act) 11.2 (aiding, abetting, counselling or procuring a hostile act in a foreign state) and 6(1) of the Crimes (Foreign Incursions and Recruitment) Act 1914 101.6(1) (doing an act in preparation for, or planning, a terrorist act) - 2 charges 147.2 (threatening to cause serious harm to a Commonwealth public official) Total convicted Not guilty Guilty Awaiting sentence Remanded in custody Free Not guilty Acquitted 23 December 2010 Acquitted Charge not proceeded with New South Wales Zaki Mallah Australian 20 July 2004 Not guilty Acquitted 6 April 2005 Free Guilty Guilty 29 March 2005 2.5 / 1.75yrs Total prosecuted 35 23 10 Table 2 - Individuals who have been charged with terrorism offences under the Criminal Code but not prosecuted State QLD Person Charged Dr Mohammed Haneef John Howard Amundsen Nationality Australian Date Arrested 2 July 2007 Offences 102.7(2) (Intentionally providing support to a terrorist organisation being reckless as to whether the organisation is a terrorist organisation) 101.6 (doing an act in preparation for a terrorist act) Result Charge withdrawn QLD Australian May 2006 Charge withdrawn 11