Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Counter-terrorism and related cases

Counter-Terrorism Cases

To date, 12 people have been convicted or found guilty of terrorism and terrorism-related offences in Australia. More than 10 other defendants are currently before Australian courts on terrorism-related charges.

Counter-Terrorism Cases

R v Benbrika & Ors

On 15 and 16 September 2008 the jury in this matter delivered the following verdicts (all offences under the Criminal Code Act 1995):

Mr Abdul Nacer Benbrika was found guilty of being a member of a terrorist organisation (s102.3(1)); directing the activities of a terrorist organisation  (s102.2(1)); and possessing a thing connected with the preparation for a terrorist act (s101.4(1)).

Mr Aimen Joud was found guilty of being a member of a terrorist organisation (s102.3(1)); attempting to intentionally make funds available to a terrorist organisation (ss 11.1(1) and 102.6(1)); intentionally providing support to a terrorist organisation (s102.7(1)); and two counts of possessing a thing connected with the preparation for a terrorist act (s101.4(1)).

Mr Abdullah Merhi was found guilty of being a member of a terrorist organisation (s 102.3(1)).  Mr Merhi was found not guilty of intentionally providing support or resources to a terrorist organisation (s102.7(1)).

Mr Ahmad Raad was found guilty of being a member of a terrorist organisation (s 102.3(1)); attempting to intentionally make funds available to a terrorist organisation (ss 11.1(1) and 102.6(1)); and intentionally providing support or resources to a terrorist organisation (s102.7(1)).

Mr Ezzit Raad was found guilty of being a member of a terrorist organisation (s 102.3(1)); and attempting to intentionally make funds available to a terrorist organisation (ss 11.1(1) and 102.6(1)).

Mr Fadl Sayadi was found guilty of being a member of a terrorist organisation (s102.3(1)); and intentionally providing support or resources to a terrorist organisation (s102.7(1))

Mr Amer Haddara was found guilty of being member of a terrorist organisation (s 102.3(1)).  Mr Haddara was found not guilty of possessing a thing connected with the preparation for a terrorist act (s101.4(1)).

Mr Hany Taha was found not guilty of all charges against him.

Mr Bassam Raad was found not guilty of all charges against him.

Mr Majed Raad was found not guilty of the charge against him.

Mr Shoue Hammoud was found not guilty of all charges against him.

The jury was unable to reach a verdict in relation to the charge against Mr Shane Kent.

On 4 July 2007 Mr Izzydeen Atik pled guilty to being a member of a terrorist organisation (s102.3(1)) and intentionally making funds available to a terrorist organisation (s102.7(1)).  On 23 August 2007 Mr Atik was sentenced to 5 years imprisonment on each count. 

Belal Khazaal

On 10 September 2008 Mr Khazaal was found guilty of making a document in connection with the engagement of a person in a terrorist act contrary to section 101.5 of the Criminal Code Act 1995.  The jury was unable to reach a unanimous verdict in relation to another charge.  Both charges related to Mr Khazaal’s production and publication of a document entitled ‘Provisions on the Rules of Jihad - short judicial rulings and organisational instructions for fighters and mujahideen against infidels’.

Joseph 'Jack' Thomas

On 26 February 2006 Mr Thomas was found guilty of receiving funds from a terrorist organisation and possessing a falsified passport. However, the Victorian Court of Criminal Appeal upheld an appeal by Mr Thomas and quashed the convictions. On 20 December 2006 the Victorian Court of Criminal Appeal remitted Mr Thomas’ matter to the Supreme Court for a re-trial.

The re-trial of Mr Thomas was listed to commence in February 2008 however proceedings were adjourned after Mr Thomas filed a Notice of Motion in the Victorian Court of Appeal claiming that the Court of Appeal erred in granting a re-trial.  On 16 June 2008, the Victorian Court of Appeal delivered its judgment, refusing Mr Thomas’s application.

Mr Thomas lodged two applications for special leave to appeal to the High Court, appealing the original decision to order a retrial as well as the recent decision of the Victorian Court of Appeal upholding the decision that he be retried.  The applications were heard on 1 August 2008, and Mr Thomas was refused special leave to appeal to the High Court. His retrial is now expected to commence in late 2008.

Aruran Vinayagamoorthy, Sirajah Yathavan and Arumugan Rajeevan

On 1 May 2007 Mr Vinayagamoorthy and Mr Yathavan were charged with three offences under the Criminal Code Act 1995 relating to membership of, and support for, a terrorist organisation. They are also charged with one offence under the Charter of the United Nations Act 1976 relating to alleged links to the Liberation Tigers of Tamil Elam (LTTE). On 10 July 2007 Mr Rajeevan was also charged with offences concerning alleged links to the LTTE. On 17 July 2007 Messrs Yathavan, Vinayagamoorthy and Rajeevan were released on bail. All three were committed to stand trial on 14 December 2007.

R v Baladjam & Ors

Messrs Hasan, K Cheiko, M Cheiko, Sharrouf, Mulahalilovic, Touma, Elomar, Baladjam and Jamal have each been charged with one count of conspiring to do acts in preparation for a terrorist act contrary to sections 11.5 and 101.6 of the Criminal Code. This offence carries a maximum penalty of life imprisonment. Pre-trial hearings in this case commenced in February 2008 in the Supreme Court of NSW and are continuing. The trial is expected to commence in late 2008.

Faheem Lodhi

On 19 June 2006 Mr Lodhi was convicted of three terrorism offences under Part 5.3 of the Criminal Code Act 1995 which involved acts done in preparation for a terrorist act. Mr Lodhi was sentenced to 20 years imprisonment, with a 15 year non parole period. Mr Lodhi appealed both his conviction and sentence, but both were upheld by the New South Wales Criminal Court of Appeal on 20 December 2007.  Mr Lodhi made an application for special leave to appeal to the High Court, however this was refused on 13 June 2008.

Jack Roche

In June 2003 Mr Roche was sentenced to 9 years imprisonment, with a non parole period of 4.5 years, for conspiring to destroy the official premises of internationally protected persons by means of explosives, with the intent to endanger the lives of internationally protected persons, contrary to section 8(3C)(a) of the Crimes (Internationally Protected Persons) Act 1976. Mr Roche was released on parole on 17 May 2007.

Other related matters

Mamdouh Habib

Mr Habib is claiming damages against the Commonwealth for injuries allegedly sustained during his detention overseas in Guantanamo Bay and elsewhere. The Commonwealth denies Mr Habib's claims.

David Hicks

Mr Hicks was sentenced by a United States Military Commission to seven years’ imprisonment after pleading guilty to the charge of providing material support for terrorism.  All but nine months of this sentence was suspended by the Convening Authority in accordance with the sentence and the terms of a pre-trial agreement.  Mr Hicks was released from the Yatala Labour Prison in Adelaide on 29 December 2007.

An interim control order in relation to Mr Hicks was made by a Federal Magistrate on 21 December 2007.  It was confirmed by a Federal Magistrate on 19 February 2008.