Guilty: Abdul Benbrika, draconian laws, 12 people in all were facing charges, but half of them have been aquitted. A Victorian Supreme Court jury has found Abdul Nacer Benbrika guilty [Draconian Laws] of leading a terrorist group.
The jury in Australia's largest terror trial is returning its verdicts.
Benbrika has been found guilty of all charges, including intentionally being a member of a terrorist organisation which was fostering a terrorist act.
12 people in all were facing charges, but half of them have been aquitted.
Five of Benbrika's followers have been found guilty of intentionally being members of a terrorist group. Aimen Joud, Fadl Sayadi, Ezzit Raad, Ahmed Raad, Abdullah Merhi were all convicted. Justice Bernard Bongiorno is expected to hear plea hearings this afternoon.
Four men were acquitted - Hany Taha, Majed Raad, Shoue Hammoud and Bassam Raad. They left court after hugging their co-accused.
The jury is yet to decide on the fate of Shane Kent and Amer Haddara.
Benbrika's lawyer, Remy van de Wiel, QC, said he hoped to speak to his client within the next two days.
"He has been, I think, very stressed through these entire proceedings."
Special Report by Colin Mitchell Civil Rights Defence
The defence lawyer for Benbrika started by pointing out that he must be presumed innocent unless the jury members decide the prosecution has proven guilt beyond a reasonable doubt. Here are some points he raised today 4 July 2008, (notes only, not verbatim):
- a police officer who followed the bus on their camping trip to Eden said that Benbrika was on the bus. He was not as he did not go on the trip. This is an illustration of how the police mind-set was out to get Benbrika and could distort their perception.
- went through a description of how the perception of muslims has been distorted in the West through fear (mentioned the residents of Camden in Sydney as an example)
- the Crown has taken a literalist approach.
- members of the jury have to stand between the power of the State and the individual (defendant)
- teenage children and politicians are liable to say outrageous things but ultimately (like the defendants in this case) they do nothing.
- participants in a male macho culture can get intoxicated with their own fantasy.
- actions speak louder than bravado and bluster
- the Mujahadeen and Osama bin Laden were financially supported by the Americans. In the West we have learnt to vilify Osama bin Laden but he became a hero of the muslim resistance to the Russians and it is not surprising that some muslims praise him.
- Benbrika is very concerned to show that he is acting in accordance with his religion.
He and the others were under extreme pressure from the many years of intense surveillance by ASIO - Benbrika's reaction was not to conform and appear inconspicuous but to stand up even more fervently for his religion and make wild statements.
- when they describe themselves as "terrorists" this is not an admission of guilt - they are talking to themselves to affirm themselves.
- the prosecution took sarcastic jokes and comments out of context
- the men had extreme fear and distrust of authorities. This distrust is justified as revealed by the Haneef case.
- there were raids made on the men at 2.30am in the morning. The lawyer said that it is terrifying to think that in Australia we can have people being raided at 2.30am like in Nazi Germany.
- Benbrika wanted to aggrandise himself. Shoue Hamoud warned them that they were going to be arrested from all the talk. "We have done nothing, but just from the talk we will be arrested."
CIVIL RIGHTS DEFENCE
The jury in Australia's biggest terrorism trial has released its conclusions on the Barwon 12
Civil Rights defence believes the anti-terror legislation is so broad and vague that it can criminalise non-terrorist. It is a bad law and should be repealed.
Join with us outside the County Court in protest of these Terror Laws.
Place - County Court, 250 Williams Street, Cnr Williams and Lonsdale St Melb
Time - NOW 12.15pm to 2 pm
CIVIL RIGHTS DEFENCE IS A MELBOURNE BASED GROUP OF ACTIVISTS AND CITIZENS CONCERNED ABOUT THE IMPACT ON CIVIL RIGHTS OF THESE DANGEROUS LAWS.
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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.
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