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Use of police infiltrators raises fresh questions about terrorist
raids in Australia
By Mike Head
12 April 2006
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A report in the Melbourne Age yesterday that police
used an undercover officer to infiltrate an Islamic fundamentalist
group has raised new questions about the arrest of members of
the group on terrorist charges in massive police raids
last November.
According to the report, which has been confirmed by lawyers,
the infiltrator acted as a provocateur to incite and entrap the
alleged leader of the group, Islamic cleric Nacer Benbrika. The
officer asked Benbrika to accompany him to test explosives in
late 2004. The explosives had been supplied by police, who covertly
monitored the trip.
A lawyer for Benbrika referred to the test explosion in the
Melbourne Magistrates Court a fortnight ago, saying that the only
explosion connected to the group had been detonated by the authorities.
Yet, Benbrika has been charged with directing, recruiting and
supporting a terrorist organisation, and his followers with being
members of the same, unnamed organisation.
Benbrikas group is not the first to be set up on terrorism
charges by the police and the Australian Security Intelligence
Organisation (ASIO) using undercover provocateurs. Last year,
in Australias first terrorist trial, Zek Mallah, 21, was
acquitted after the jurors heard that a police agent posing as
a journalist had offered the troubled young man $3,000 for a videotape
of Mallah uttering ludicrous threats against federal government
buildings.
The operation against Benbrika is particularly revealing of
the methods used by the Howard government. The cleric and nine
supporters, plus nine members of an allegedly related group in
Sydney, were the subject of the countrys biggest counter-terrorism
raids last November, when more than 400 federal and state police
and intelligence officers detained them amid government and media
claims that a catastrophic terrorist attack had been
prevented.
Four months on, police have still produced no evidence to substantiate
those claims. The November raids were clearly timed to stir up
new fears of terrorism in order to justify the sweeping anti-terrorism
bills being pushed through federal and state parliaments at the
time. They came less than a week after Prime Minister John Howard
had declared a terrorist alert and convened an emergency
session of the Senate to pass the first instalment of the legislation.
The laws introduced a host of police-state provisions, including
terrorist offences that require no evidence of any actual terrorist
act or plan, plus two new forms of detention without trial. The
measures also directly outlawed expressions of a range of political
opinionssuch as advocating terrorism or supporting
resistance to Australian military interventions overseas, an offence
now covered by expanded sedition laws.
Further raids and arrests in March
Police spokesmen made similar claims about imminent terrorist
threats following the latest round of arrests of three more
members of Benbrikas congregation on March 31. While insisting
that the raids, involving 30 police, had averted a serious terrorist
threat, they admitted, however, that, like the previous November,
the arrested men had made no specific threats, chosen no targets
and assembled no materials for an attack.
Bassam Raad, 24, Majed Raad, 24 and Shoue Hammoud, 26, were
arrested in Melbourne and charged with being members of an unnamed
terrorist organisation and intentionally funding a terrorist group.
Two of the men face additional, equally vague, charges of supporting
a terrorist organisation.
At a media conference, Australian Federal Police assistant
commissioner for counter-terrorism Frank Prendergast said the
arrests had thwarted a significant threat to the community.
He refused to provide any details, however, saying the men had
coalesced into an unnamed group with links to
overseas organisations.
Victoria Police Chief Commissioner Christine Nixon said police
believed the arrests had seriously disrupted the activities
of a group allegedly making arrangements to carry out a terrorist
attack in Australia, but said no specific threats had been
made or targets identified.
Questioned by reporters, Nixon said the men had not posed a
threat to the community or athletes during the March 15-26 Commonwealth
Games in Melbourne. She could not explain the timing of the arrests,
after police revealed that the men had been under surveillance
for at least four months.
Almost all Benbrikas small prayer group in Melbourne
is now behind bars. Rob Stary, the lawyer for two of the men recently
arrested, said the latest raids appeared to have been ordered
to bolster the case against the initial detainees, with the police
simply rounding up anyone with an association with Benbrika.
Stary said the police claims to have disrupted a significant
threat were misleading and exaggerated, because none of
the trio was charged with weapons or chemical-related offences,
nor charged with planning a terrorist attack.
The flimsiness of the evidence against them became further
apparent on April 3, when Bassam Raad unsuccessfully applied for
bail. Prosecutor Nicholas Robinson told the court that Raad had
discussed violent acts of jihad with Benbrika, attempted
to gather firearms and stolen credit cards to facilitate travel
for other members of the group. No evidence of weapons or stolen
cards was produced.
Raad repeatedly declared his innocence, saying he had only
discussed religion with Benbrika. We would just talk, we
would not do, he said. Raad, who represented himself, told
magistrate Paul Smith that he was being framed and
charged because he was Muslim.
The latest arrests came three weeks after another round of
raids, on March 9, on the homes and prison cells of some of the
previously arrested men, apparently in an effort to find evidence
to sustain the charges against them. Attorney-General Philip Ruddock
confirmed that the raids had taken place, but refused to provide
details of any evidence gathered.
Greg Walsh, a lawyer for one of the prisoners, Omar Baladjam,
whose home and cell were raided, said the police breached legal
privilege by taking confidential notes from the cell that his
client had written for consultation with him. Walsh said it was
an outrage that documents were seized in those circumstances.
None of the 22 arrested men is due to face court again before
June, and then only for a committal mention. This means their
trials are unlikely to commence until 2007, effectively preventing
them from challenging the charges for more than a year. In the
meantime, all are being held in solitary confinement, with bans
on family contact or involvement in jail activities.
This treatment is likely to worsen the well known mental health
problems of some of the prisoners. According to a medical report
given to Victorian police, at least four are mentally ill. Two
have suffered from schizophrenia for at least two years and one
has been in and out of psychiatric institutions suffering from,
among other things, psychosis, delusions and hallucinations.
A medical assessment of the man in March 2004 said: He
has been diagnosed with manic episode and psychosis; he has disorganised
behaviour; he has religious delusion; he suffers from elevated
mode and he has auditory hallucinations.
The same man has had at least two psychotic episodes since
being arrested by police, one of which occurred during questioning.
Two of the other men are on anti-depressants. Health authorities
as well as police have long known of their mental conditions.
It was earlier reported that one of the accused, Khaled Sharrouf,
had been diagnosed as a schizophrenic four years ago. A psychiatrist
who had examined Sharrouf told journalists there was little doubt
that his mental illness may have influenced the comments police
allege he made about wanting to die in a terrorist
attack.
These revelations highlight the scope for the police and intelligence
agencies to incite and entrap unstable or mentally unwell members
of the Islamic community. They also underscore the prevalence
of mental health problems among young Australian Muslims, who
have been increasingly victimised and marginalised by the political
and media establishment.
A recent Monash University study confirmed that Muslim men
of Lebanese origin suffer extremely high levels of disadvantage,
measured by unemployment, reliance on welfare payments and education
qualifications. It found that 39 percent of first-generation Lebanese
Muslim men aged 25 to 44 in Sydney were unemployed or not in the
labour force, compared with 16 percent of all Australian men in
this age group.
These conditions, a product of systematic discrimination by
employers, police, governments and other authorities, coupled
with the rapid growth of economic and social inequality throughout
Australia, have led to a deep sense of alienation and hostility
among young people that is being exploited by fundamentalist Islamic
groups and police infiltrators alike.
The Howard government has further fuelled this toxic mixture
by joining the US-led military aggression throughout the Middle
East and Central Asia. In recent months it has deliberately fanned
anti-Islamic sentiment, with calls for the deportation of Muslim
immigrants who do not share Australian values.
See Also:
New phone-tapping powers in Australia
[5 April 2006]
Australia's "Anti-Terrorism"
Bill: the framework for a police state
[3 November 2005]
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