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Police claims raise new questions about terrorist
raids in Australia
By Mike Head
17 November 2005
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For the past 10 days, Australian media outlets have bombarded
the public with lurid headlines and reports designed to justify
last weeks massive raids by state and federal police and
intelligence agencies on homes in Sydney and Melbourne.
On the basis of unsubstantiated police leaks and prosecution
allegations, the mediawith Rupert Murdochs newspapers
in the leadhave accused the 18 men arrested in the two cities
of stockpiling weapons and explosives, training in
remote locations, planning violent jihad to cause maximum
damage and discussing dying for holy war.
After earlier nominating city landmarks such as the Harbour
Bridge as the mens targets, the police and media have switched
to the even more alarming claim of a plot to bomb the Lucas Heights
nuclear reactor in Sydneys southern suburbs.
Meanwhile, the accused have been treated as highly dangerous
criminals, locked away for 20 hours a day in isolation cells reserved
for convicted prisoners classified as the worst offenders. While
awaiting trial, they will be incarcerated for months, denied contact
with their families and unable to defend themselves publicly.
When one of the men, Mirsad Mulahalilovic, appeared briefly
in a Sydney court to argue unsuccessfully for bail, prison authorities
paraded him in a Guantánamo Bay-style orange jumpsuit,
with his arms and legs shackled. His barrister Philip Boulten
commented: Corrective Services wishes to emulate Guantánamo
Bay.
Omar Baladjam, who was shot in the neck by police when arrested,
was removed from hospital to prison in Sydneys largest ever
anti-terror convoy, involving more than 100 heavily-armed
police officers, 10 vehicles, patrolling sniffer dogs and two
helicopters, one with surveillance cameras.
The purpose of the media coverage goes far beyond demonising
the accused, whose prospects of anything resembling a fair trial
have been severely compromised. Its aim is, rather, to smother
criticism of last weeks politically motivated raids, and
to silence opposition to the unprecedented anti-terrorism bills
currently being pushed through federal and state parliaments.
In an apparent effort to disguise the weakness of the case
against the accused men, the federal Director of Public Prosecutions
(DPP) initially obtained a suppression order in a Sydney court
on November 11, preventing publication of any of the details of
the police allegations against them.
Seeking the gag order on behalf of the federal authorities,
Wendy Abraham claimed that the media were approaching witnesses
and hindering the ongoing investigation, without providing any
evidence.
Boulten, the defence barrister, described the case against
Mulahalilovic as very flimsy and denounced the suppression
order as hollow and baseless. He pointed
out that the police had been systematically inviting media
on the raids, briefing them, making press statements to them [and]
orchestrating a media campaign.
After the Sydney Morning Herald and other media organisations
engaged senior counsel to object to the gag order, the prosecution
sought a stay so it could appeal to a higher court. Over the weekend,
the Herald editorialised against the ban and senior lawyers
denounced it as a step toward secret trials. On November 14, without
giving any explanation, the DPP dropped the application, clearing
the way for the police fact sheet to be handed to the media.
Led by Murdochs outlets, but also joined by the Herald
and other Fairfax papers, the media then began selectively quoting
from the police allegations and presenting them as facts. It is
impossible to verify any of these claims, or predict whether they
will stand scrutiny in court, but there have been, at the very
least, definite distortions of the truth.
In one instance, police reported seizing several videos in
the home raids, including one entitled Are You Ready to Die,
by a New York cleric Siraj Wahhaj. This was presented as evidence
that the suspects were preparing suicide bombings. The full title
of the video, however, available over the Internet, includes the
words Preparing for Your Eventual Death by Being the Best Human
Being You Can Possibly Be and does not appear to exhort suicide
attacks.
In another case, after listing large quantities of seized chemicals,
the police noted: While the information received to date
may indicate that the suspects attempted to source materials for
the production of TATP [triacetone triperoxidean explosive],
all of the chemicals sourced have other legitimate uses. Acetone,
[sulfuric] acid and hydrogen peroxide [can] be used in significant
volume by industry and have other common uses.
Virtually none of the media reported this caveat. Instead,
the headlines referred to stockpiles of explosives.
Earlier, in what also appeared to be a ham-fisted attempt to
bolster the terror allegations and blackguard the accused, the
Murdoch media cited anonymous intelligence sources
saying that an Islamic supergrass had assisted the
authorities to uncover the terrorist cells.
Dubbed Abu Jihad, the man was supposed to have
met Al Qaeda leader Osama bin Laden and trained in
Afghanistan in 2001 with David Hicks, the Australian man who has
been held in Guantánamo Bay for almost four years, and
John Walker Lindh, an American citizen now serving a 20-year sentence
in the United States.
According to the police version of events, it seems that Abu
Jihad was detained in Egypt for seven months in 2003 before
agreeing to cooperate with authorities and being released to return
to Australia.
If true, this account makes it likely that his police collaboration
and testimony have been obtained by duress, if not outright torture,
in Egypt, where the US military is known to illegally render
detainees for interrogation. Moreover, his role would suggest
that he, and possibly other police and ASIO agents, infiltrated
the alleged terrorist cells, in which they could have functioned
as provocateurs, helping to urge on and entrap the arrested men.
It has since been reported that one of the accused, Khaled
Sharrouf, whom police and the media claimed had declared he wanted
to die in a terrorist attack, was diagnosed as a schizophrenic
four years ago and has since been assessed several times as an
acute sufferer of hallucinations and other symptoms of distorted
reality. Olav Nielssen, a psychiatrist who examined Sharrouf just
two months ago, told journalists there was little doubt that his
mental illness may have influenced the comments police allege
he made about wanting to die.
The police and ASIO are known to rely on the use of undercover
agents to set up unstable and troubled Islamic men on terrorist
charges. In the only Australian terrorist case to go before a
jury, Zek Mallah was acquitted earlier this year after the jurors
heard that a police agent posing as a journalist had offered the
young man $3,000 for a videotape of him threatening violence against
the federal government.
More fundamentally, to the extent that Al Qaeda and other bourgeois
Islamic fundamentalist organisations are able to recruit angry
and confused individuals to their reactionary perspective, primary
responsibility lies with the US and its alliesincluding
the Howard governmentand their criminal activities throughout
the Middle East and Central Asia. If there is a real danger of
a terrorist attack in Australia, the Howard government will be
chiefly to blame.
Whatever the exact truth behind the latest claims of a terrorist
network, there is no doubt about the political motivations of
the highly-orchestrated media campaign. It plays directly into
the hands of Prime Minister John Howard and the state Labor leaders.
Murdochs Sydney Daily Telegraph editorial of November
15 revealed the underlying agenda. It is now clear that
police will not be accusing the eight Sydney men arrested last
week of being just bothersome lads, it declared. The
allegations have yet to be tested in court and it is vital nothing
hinders this process. However, the extent of the prosecution case
cannot be ignored and should be kept in mind as the Parliament
considers new laws to deal with the threat to our way of life.
The situation is straightforward: Police and intelligence
agencies have asked for changes to existing law and it must be
accepted they have not simply posed an ambit claim.
Thus, while paying lip service to testing the evidence in court,
the editorial asserts that the prosecution allegations now render
it impossible to question the introduction of new laws that will
permit preventative detention and prolonged house
arrest, without any trial at all.
Last weeks highly-publicised arrests came just as Howard
and his state Labor counterparts faced growing condemnation from
legal groups, civil liberties organisations, legal academics and
newspaper letter writers for trying to push through laws allowing
wide-ranging restrictions on political free speech.
The essential thrust of the Anti-Terrorism Bill 2005 is to
outlaw expressions of dissent, under conditions where opposition
is growing to the wars in Iraq and Afghanistan, worsening social
inequality and attacks on working conditions, social services
and democratic rights.
That was underscored this week when Howard and Attorney-General
Philip Ruddock defended the Bills sedition clauses, rejecting
calls for them to be excised from the Bill. The clauses enable
people to be jailed for seven years for urging disaffection
with the government, promoting feelings of ill-will or hostility
between different groups or urging conduct to assist an
organisation or country engaged in armed hostilities
against the Australian military.
Ruddock and Howard insisted that the provisions remain in the
Bill, despite previous vague promises that Ruddocks department
would review them in the New Year. Interviewed on ABC radio, Ruddock
conceded that some Vietnam War protesters could have been locked
up if similar sedition clauses had existed in the 1960s and 70s.
At the same time, he ludicrously suggested that, since he would
be responsible for personally authorising a prosecution for sedition,
this would constitute a protection against misuse of the laws.
On the contrary, the provisions will place even greater arbitrary
power in the hands of a government for which lies and deception
have become standard operating procedure.
See Also:
Anger mounts over Australia's anti-terror
laws
[10 November 2005]
Howard's terrorist "alert"
leads to
Politically manipulated police raids in Australia
[9 November 2005]
Within days of Howard's terror "alert"
Australian government seeks expanded powers to call out troops
[8 November 2005]
Australia's "Anti-Terrorism"
Bill: the framework for a police state
[3 November 2005]
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