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Judges weigh 'Joseph Thomas's' appeal! Get your facts right!

Karen Jones Constitutional Affairs Reporter | 25.07.2006 23:40 | Analysis | Repression | Social Struggles | World

For buying a plane ticket and changing the date on his passport to get back home? What would she have imposed for stealing a passport?

What would she have imposed for stealing a passport?
What would she have imposed for stealing a passport?


AUSTRALIA: MELBOURNE: THREE judges have reserved their decision on whether the first man jailed under Australia's new anti-liberty laws should spend an extra 21 months in prison before becoming eligible for parole.

Joseph Terrence Thomas, 33, was arrested in Pakistan in January 2003 and convicted in Australia in February this year of receiving funds to buy a plane ticket and changing the date on his passport so he could get back home sooner.

He was sentenced to five years but could be released on parole within 24 months.

Crown prostitutor Wendy Abraham QC today told the Victorian Court of Appeal that under the relevant legislation Thomas should serve 75 per cent of his full sentence.

His lawyer Lex Lasry QC said that if the court accepted the sentence needed fixing, it should reconsider the entire punishment.

But Ms Abraham said the full sentence should be accepted as appropriate, and only the non-parole period needed changing.

"The sentence imposed isn't manifestly excessive," she said.

For buying a plane ticket and changing the date on his passport to get back home? What would she have imposed for stealing a passport?

Thomas is appealing his conviction in the same court.

His lawyers argue that his record of interview by Australian Federal Police (AFP) in Pakistan should not have been admitted as evidence in his trial because of the circumstances in which the interview was done.

Justices Chris Maxwell, Frank Vincent and Peter Buchanan have voiced concerns about the AFP interview breaching the federal Crimes Act.

Thomas was interviewed without access to a lawyer, having already been interrogated during two months in custody in Pakistan.

He provided information to ASIO officers before his formal record of interview, the court was told.

Justice Vincent today said the AFP interview was done purely to be used as evidence against Thomas, not to further a terrorism investigation.

Ms Abraham said she did not concede that was the case and if Thomas had made new claims in the interview they would have been investigated.

"If this man had said 'oh, by the way, I actually had a chat with Osama bin Laden myself,' they (police) were obviously going to investigate," Ms Abraham said.

Justice Maxwell said the case raised public policy concerns of a court condoning police breaching the Crimes Act by allowing the evidence to be used.

The justices have reserved their judgment on both matters.

Related:

ACT anti-terrorism laws adequate: Watchirs

ACT Human Right Commissioner Helen Watchirs says the Territory's anti-terrorism laws are adequate and should not be tampered with by the Federal Government.

The Commonwealth has threatened to over-ride the ACT's laws because it says they are not tough enough because they do not allow preventative detention of people under 18.

Dr Watchirs says children must be protected under the legislation.

"There are, of course, criminal laws where children of a younger age are responsible for acts they commit," she said.

"This is a particularly different scenario with preventative detention - these people haven't done anything yet and having children excluded is the way to go."

Dr Watchirs says the ACT's laws should be left as they are.

"I think they're sufficient, particularly when you take into account there is a whole suite of laws before this preventative detention and any problems there have been prevented," she said.

"I don't think we have got to the situation of security being impossible in that we can't contain terrorism as we have in the past."

 http://www.abc.net.au/news/newsitems/200607/s1696898.htm

Attorney General Ruddock is Oddball over anti-terrorist laws!

Attorney General Ruddock attacks different laws.
If we consider for a second Attorney General Ruddock’s failed logic, his peremptory pain-in-the-ass hogwash. Ruddocks conclusions from his tit tat with the ACT’s Jon Stanhope highlights a view that terrorists across this land hold a common thread? That common thread is a convergance of evil… a need to commit terror unleashed by annihilative minds only at sites where “weak” anti-terroism law enforcement exists?

 http://melbourne.indymedia.org/news/2006/07/117596.php

Ruddock is a Terrorist

Evil-minded rulers

Brandies J of the Supreme Court of the United States,

Experience should teach us to be most on guard to protect liberty when the Governments purposes are beneficent.

People born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers.

======================================

Joseph Thomas conviction immoral

AN EMBARRASSING conviction based on TORTURE IMMORAL

 http://melbourne.indymedia.org/news/2006/07/117441.php

Standardising terrorism in the prison population?

Try giving us hope, access to our communities, a sense of caring by the outside community. And letting us out to make restitution instead of building festering anger.

 http://melbourne.indymedia.org/news/2006/07/117580.php

Scapegoats accused 'exploited' by guberment prostitutor

The rest of the prisoners had to stay in jail in AA maximum security segregted with no contact with human people in a box within a box with no fresh air or sunlight with the worst of the worst offenders.

 http://melbourne.indymedia.org/news/2006/07/117553.php

International Protest Day calls for the end of Guantánamo Bay

Reports of inhumane treatment and torture of both physical and psychological have been revealed to face detainees daily when imprisoned at the base. The international community along with the UN have persistently called for closure of Guantanamo and regardless of much pressure, very little has been carried out in order to getting any closer to the permanent closure of the base.

 http://adelaide.indymedia.org/newswire/display_any/17099

Jury indicated it could not reach a verdict, but was ordered to push on?

These charges were that he collected maps of the Australian electricity supply system in preparation of a terrorist act (15 years), BUT WITH NO DETAILS ABOUT THE PREPARATION ACCEPT MATERIAL TO SUPPORT THOUGHT CRIME? that he sought information on chemical prices for the use of explosives for a terrorist act (life), BUT NO SOUND EVIDENCE ABOUT WHETHER THE CHEMICALS WERE GOING TO BE PURCHASED OR USED FOR THE USE OF EXPLOSIVES OR A TERRORIST ACT and that he possessed a document with information on the manufacture of poisons and bombs in preparation for a terrorist act (15 years). THAT HE LIKE MANY OTHERS MAY HAVE DOWNLOADED FROM THE INTERNET WHICH IS NOT ILLEGAL USUALLY?

 http://melbourne.indymedia.org/news/2006/06/115129.php

A dangerous precedent: Australian man convicted of “preparing terrorism”

Since 2001, the government has seized upon the “war” declared by US President George Bush for both domestic and international purposes. Under the guise of combating terrorism it has participated in the invasions of Afghanistan and Iraq, diverted attention from mounting economic and social problems at home and legitimised previously unthinkable police state-style measures, including semi-secret trials, “preventative” detention and the ability to impose life sentences without any evidence of an actual terrorist act.

 http://adelaide.indymedia.org/newswire/display_any/16401

Secret evidence used in Australian “terrorist” trial

Lodhi was bundled into the court building in shackles, in full view of the media. The display was intended to convey the impression that he is a violent and highly dangerous individual. Like several other Muslim men charged with terrorist offences in Australia over the past year, Lodhi has been denied bail and held in virtual solitary confinement in a “super max” prison, cut off from family and friends. Under state and federal “counter-terrorism” laws, the traditional presumption in favour of bail has been scrapped. It will only be granted in “exceptional circumstances”. On receiving a confidential affidavit from the Commonwealth, Magistrate Michael Price imposed a number of secrecy orders despite vigorous objections by lawyers for Lodhi and by media organisations. The orders mean that the affidavit itself will remain suppressed, and the media is barred from disclosing even the general nature of the material relied upon in it.

 http://www.indymedia.org/en/2004/12/866066.shtml

Merry Christmas Mr Kent and Mr Haddara

After and ASIO fishing expedition they were charged last month with knowingly belonging to a Melbourne-based terrorist group, that did not exist.

 http://adelaide.indymedia.org/newswire/display_any/9799

ASIO raid family home

This is an assault on civil liberties, for all Australians - on the eve of Human Rights Day 2005 that marks the day in 1948, that the United Nations adopted the Universal Declaration of Human Rights. Shame hoWARd shame on you!

 http://adelaide.indymedia.org/newswire/display_any/9706

Tight security impedes scapegoat case

Indymedia has learnt this includes a bank account his supporters say was set up to fund legal representation for Muslims facing any kind of legal action. The prosecution is understood to allege the money was intended for terrorist purposes.

 http://adelaide.indymedia.org/newswire/display_any/9693

Some evidence is prejudicial to national insecurity

It has been previously reported that he is facing nine charges and is accused of planning a major terrorist attack on Sydney defence sites and the electricity grid using downloads off the internet and having 100 rolls of toilet paper to wipe his arse after low level bombs and farts. Shit!

 http://adelaide.indymedia.org/newswire/display_any/9682

Terrorism suspects' custody conditions 'inhumane'

"This treatment is very cruel and inhumane and what I've put forward to the Premier Morris Iemma to intervene and put an end to this scandal," he said.

 http://adelaide.indymedia.org/newswire/display_any/9657

DPP should lose the plot!

Now why would the DPP do that? Based on some notion I suppose, that john hoWARd (the hangman) wants to use Thomas's butt again, to raise the fear stakes in the introduction of the new Anti-Liberty-Dissent Directives!

 http://adelaide.indymedia.org/newswire/display_any/9617

Things and places identified

He said Mulahalilovic worked as a handyman, lived with his wife, parents and brother and, with the help of family members, could provide around $1 million security to ensure his freedom until trial.

 http://adelaide.indymedia.org/newswire/display_any/9423

Dangerous handyman terror threat?

But the only mother of SATAN here is John HoWARd and his new Ant-Terrorism Bill!

 http://adelaide.indymedia.org/newswire/display_any/9418

Terror suspects 'kept in dark'

"They're all kept in solitary confinement, they're kept in Guantanamo Bay style conditions and they're very oppressive," he said.

 http://adelaide.indymedia.org/newswire/display_any/9413

What are the dangerous chemicals police found when they went fishing?

If police say they were making bombs when they were painting motor vehicles then the only terrorist act that wasn't prevented was when police went on a fishing expedition.

 http://adelaide.indymedia.org/newswire/display_any/9395

Man shot by police in fishing raids

But there is no such thing as an independent investigation team in NSW because police investigate themselves and cannot be relied upon ever.

 http://adelaide.indymedia.org/newswire/display_any/9392

ASIO fishing expedition makes arrests

Are you satisfied truthseeker? Well I'm not this is just another public relations exercise that no one can prove. But trust us we know best?

 http://adelaide.indymedia.org/newswire/display_any/9384

hoWARd, ruddock, ellison, keelty and news ltd plotted chaos

Now they go on in the article to describe themselves as intelligence officials? But I'm sorry to say that any group of people who ask another group of people to believe what they believe based on no evidence is amongst the most unintelligent and lost group of people the world has ever known.

 http://adelaide.indymedia.org/newswire/display_any/8663

Houses raided over 'possible' political attack plans?

"Furthermore, nothing is reasonable about a raid on people's homes because for an alleged possibility. For those sorts of enquiries one should approach a 'soothsayer' and if you get the all clear only then should they approach people via the front door with the appropriate warrant to search one's home. A warrant based on concrete evidence that has been filtered by a juge or magistrate of the court to see whether the material is frivolous or vexatious."

 http://adelaide.indymedia.org/newswire/display_any/8659

If he'd been given his passport he'd be a free man

During his trial Mr Mallah's defence counsel said he was only trying to sustain the media spotlight when he sold details of his plans to an undercover officer posing as a journalist.

 http://adelaide.indymedia.org/newswire/display_any/8192

Melbourne man charged over ASIO linksApparently this victim will appear before the Melbourne Magistrates Court later today and hopefully he won't be sent to the nearest "AA" Super-max prison for "social isolation" just in case ASIO aren't telling us the truth!

 http://adelaide.indymedia.org/newswire/display/7545/index.php

Australian prisoners' linked to Bin Laden: Ten News

Hatzistergos: "For example, because of a perceived risk that they may engage in, or incite other persons to engage in, terrorist activities."

Terrorist prisoners held in a "box within a box" with no "fresh air or sunlight" at Goulburn HRMU may incite alleged terrorists in Long Bay to blow up Long Bay Prison's Twin Towers?

 http://www.indymedia.org.uk/en/regions/liverpool/2004/11/300344.html

Andrew Sullivan and the Tortued Truth

Mr. Habib said he was taken to a room with hooks on the wall and a barrel, set sideways like a roller, on the floor. His arms were stretched out, he said, and each wrist was handcuffed and fastened to a hook on the wall. By his description, the only way not to be left hanging was to stand on the barrel; an electric wire ran through it. Mr. Habib said he believed the interrogators in that room were Pakistani.

Mr. Habib said that when he refused to confess to being part of a 1995 terror plot, one man turned on the current. He lifted his feet to avoid the shock, he recalled, and he was suspended from the wall.

"I lost everything," he said.

 http://bodyandsoul.typepad.com/blog/2005/02/theres_been_a_s.html

Karen Jones Constitutional Affairs Reporter

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  1. justiceforjack J4J Legal Report 26.07.06 — justiceforjack