AUSTRALIA: MELBOURNE: The first person found guilty under Australia's new counter-terrorism laws has won his appeal against his conviction.

The Court of Appeal in Melbourne has quashed Joseph Terrence Thomas' conviction in the Supreme Court in February, when he was jailed for five years, with a two-year minimum.

Victorian Court of Appeal Justices Chris Maxwell, Frank Vincent and Peter Buchanan quashed the convictions, saying the evidence used to find Thomas guilty was inadmissible.

The prosecution is asking for a retrial, arguing that an interview with Thomas by the ABC's /Four Corners /TV program contained new evidence that needed to be considered by the court.

The Supreme Court had found Thomas guilty of receiving support from al-Qaeda and using a falsified passport but acquitted him of two charges of agreeing to act as an agent of the group.

Thomas appealed his conviction on the grounds that interviews conducted in Pakistan after his arrest in 2003-breached Australian law and should not have been allowed as evidence at his trial.

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

The Crown had argued he should be jailed for a longer minimum term because under the relevant law he should have been ordered to serve 75 per cent of his full sentence.

Related:

Prosecution playing 'dirty tricks' in terrorism trial

The defence lawyers for Melbourne's 13 terrorism suspects have accused the prosecution of playing dirty tricks.

The prosecution today played a taped conversation between defendants Shoue Hammoud and Bassam Raad in which the prosecution alleges Raad suggests the authorities that put other members of their group in jail need to be slaughtered.

But in a heated volley of legal argument, defence lawyers said the reference to slaughter instead refereed to Raad's fears about what could happen to his friends in jail.

The defence lawyers said the prosecution was trying to drum up outrageous headlines to excite the media and to compound the fear being peddled in the Australian community.

The defence lawyers said the prosecution should just get on with the evidence.

ABC 18 Aug 06

Court hears fishing expedition letter 'referred to sacrifices to a cause'

The letter reads: "My love, How I miss you already? What would I ever do if we were separated for more than a day? Inshallah I will never find out. May the only cause for our separation be the cause of Allah. And may he grant me paradise alongside you as queen of your Hoor." [kiss, kiss, kiss, hug]

 http://melbourne.indymedia.org/news/2006/08/119746.php

Faheem Lodhi - another non-terrorist jailed under Australia's 'anti-terror' laws?

Jack Thomas, a non-terrorist, has been jailed under Australia's anti-terror laws. Now Faheem Lodhi has been convicted under the terror laws on flimsy, circumstantial evidence. It is likely he is another non-terrorist jailed for political purposes under the terror laws.

 http://adelaide.indymedia.org/newswire/display_any/19641

Terrorism scapegoat was kidnapped, court hears

The Melbourne Magistrates Court has heard a man charged with [allegedly] directing a terrorist organisation was kidnapped last year.

The court was told Abdul Benbrika alleged in a conversation recorded by police that he was questioned and hit during an abduction which lasted about six hours.

The defendant did not indicate who was responsible for the alleged kidnapping.

Magistrate Paul Smith heard police initiated an internal investigation into the alleged kidnapping, but it was dropped after numerous efforts to contact Benbrika.

HoWARd's abc 15 August 2006

Magistrate allows AK-47 photo to prejudice scapegoat trial

No doubt that the magistrate seeks to incorporate the media throughout the proceedings of these innocent men because of a lack of concrete evidence and just so they can be used as scapegoat's for hoWARd's war on terror.

 http://adelaide.indymedia.org/newswire/display_any/19476

Former medical student to stand trial in kangaroo court!

Lawyers for the 23-year-old argue the charge is not constitutionally valid because they say the laws cannot cover alleged acts committed on foreign soil which do not have an Australian connection.

 http://adelaide.indymedia.org/newswire/display_any/19027

Student loses bid for High Court hearing

Lawyers for the 23-year-old argue the charge is not constitutionally valid because they say the laws cannot cover alleged acts committed on foreign soil which do not have an Australian connection.

 http://adelaide.indymedia.org/newswire/display_any/18535

Attorney General Ruddock is Oddball over anti-terrorist laws!Attorney

Attorney General Ruddock attacks different laws.

 http://adelaide.indymedia.org/newswire/display_any/17746

Australia's Guantanamo

Have the 13 Muslim men arrested under Australia's new anti-terror laws been subjected to Guantanamo Bay-style conditions? It's an allegation being made by Civil Rights Defence

 http://adelaide.indymedia.org/newswire/display_any/18341

Major Michael Mori writes re David Hicks

The US Supreme Court has ruled the special Guantanamo trials illegal. An acceptable solution from the Americans is likely years away and our Government has run out of excuses not to act. Nearly 40,000 Australians have put their name to the Open Letter calling for David Hicks to be repatriated. I hope you'll join us now by clicking on the link:

 http://www.getup.org.au/campaign/DefendAustralianRights

International Protest Day calls for the end of Guantánamo Bay

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

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

What would she have imposed for stealing a passport?

 http://newswire.indymedia.org/en/2006/07/843328.shtml

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

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 links

Apparently 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