Transcript court decision for control order on Jack Thomas from Fairfax website
IN THE FEDERAL
MAGISTRATES
COURT OF
AUSTRALIA
AT CANBERRA FILE NO: (P)CAG47/2006
RAMZI
JABBOUR
APPLICANT
JOSEPH
TERRENCE THOMAS
RESPONDENT
ORDER
BEFORE: FEDERAL
MAGISTRATE MOWBRAY
DATE: 27
August 2006
MADE AT: CANBERRA
APPEARANCES: Mr H
Burmester QC and Mr A Berger for the applicant
THE COURT ORDERS THAT:
1.
Pursuant to section 104.4 of the Criminal Code an interim
control order be made in relation to Joseph Terrence Thomas in the terms at
attachment 1.
2.
Service of the
interim control order be affected by personally serving a copy of the sealed
orders of the Court as soon as possible, provided that an original sealed set
of orders is served within 48 hours.
3.
Any confirmation
hearing for the interim control order be listed for 1 September 2006 at 9.30am
preceeded by a directions hearing on 31 August 2006 at 9.30am.
4.
The transcript of
these proceedings be provided when available in electronic format to the legal
representatives for the applicant.
5.
The applicant inform
the Court within 24 hours of receipt of the transcript of any proposal to edit
the transcript.
6.
The transcript then
be made publicly available subject to any editing by the Court, as soon as
practicable after the applicant’s proposals are received by the Court.
7.
The transcript be
transcribed by persons with appropriate security clearances.
By the Court
FEDERAL MAGISTRATE MOWBRAY
DATE ENTERED:
Attachment 1
No.
Criminal Code (Cth), sub-section 104.4
INTERIM Control Order
Name of Controlled Person: Joseph
Terrence Thomas
Date of Birth: 19 May
1973
Under the powers conferred by sub-section
104.4 of the Criminal Code (Cth) this
interim control order has been made against you because:
a.
An AFP member holding the rank of
Superintendent or above, namely Manager Counter Terrorism Domestic, has
requested it in accordance with sub-section 104.3 of the Criminal Code; and
b.
The Court has received and considered
the information put before the Court by the applicant; and
c.
The Court is satisfied on the balance
of probabilities that:
(b) making the order would substantially assist in preventing a
terrorist act; and
(c) you have received training from a listed terrorist organisation; and
d.
The Court is satisfied on the balance
of probabilities that each of the obligations, prohibitions and restrictions to
be imposed on you by the order is reasonably necessary, and reasonably
appropriate and adapted, for the purpose of protecting the public from a
terrorist act.
The
obligations imposed on you under sub-section 104.5(3) of the Criminal Code are set out in Schedule 1
to this Order - see attached.
A summary
of the grounds on which this Order is made is set out in Schedule 2 to this
Order – see attached.
You are
required to meet the obligations set out in the Schedule to the interim control
order. By virtue of sub-section 104.27 (read with sub-section 100(1) of the Criminal Code) the penalty for
contravening any of these obligations is imprisonment for 5 years.
You may attend the Federal Magistrates
Court which is located at Nigel Bowen Commonwealth
Law Courts Building, Canberra, on Friday 1 September 2006 at 9.30 am, preceded
by a directions hearing on 31 August 2006 at 9.30 am at that same location,
for the court to:
(i)
confirm (with or without the
variation) this interim control order;
(ii)
declare this interim control order to
be void; or
(iii)
revoke the interim control order.
This
interim control order does not begin to be in force
until it has been personally served on you.
If
confirmed, the confirmed control order is to be in force for 12 months after
the day on which this interim control order is made.
Your lawyer
may attend AFP Melbourne Office, 383 LaTrobe Street Melbourne Victoria in order
to obtain a copy of this interim control order.
Date of interim control order: 27 August 2006
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Federal Magistrate Mowbray
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Affix Court Seal |
(Criminal Code (Cwlth),
sub-section 104.5(3))
schedule 1
This
schedule sets out the obligations imposed on Joseph Terrence Thomas pursuant to
sub-section 104.5(3) of the Criminal Code:
obligations
The following obligations form part of the
interim control order and are imposed on you by virtue of sub-section 104.5(3)
of the Criminal Code:
Upon personal service of the interim control
order and thereafter for the duration of this interim control order:-
1.
You
are required
to remain at your current
place of residence in Williamstown, Victoria, between midnight and 5.00am each
day, unless you notify the Coordinator of the Australian Federal Police Counter
Terrorist Team, Melbourne Office, 383 Latrobe Street, Melbourne (the AFP CT
Coordinator) in writing of another address that you will be residing at between
these times.
and
2.
You are required
to report to the following specified persons at the following specified times
and places:
a.
a member of Victoria Police;
b.
every Monday, Wednesday and Saturday, at any time between the hours of
9am and 9pm;
c.
at any of the following Victoria Police premises (the ‘specified
premises’):
(i)
Werribee Police Station;
(ii)
Footscray Police Station; or
(iii)
Sunshine Police Station
d.
or any other person, time and/or place
agreed in writing by the AFP CT Coordinator.
and
3.
You are required to allow impressions of your
fingerprints to be taken by the Victoria Police via the ‘Fingerprint
Live Scan’ unit for the purposes of ensuring compliance with
paragraph 2 of this interim control order:
a.
within 24 hours following the issuing of this
interim control order; and
b.
where required by a member of Victoria Police, on
any occasion you report at the specified premises.
and
4.
You are prohibited from leaving
Australia except with the prior written permission of the AFP CT
Coordinator.
and
5.
You are prohibited from carrying out
the following specified activities:
a.
acquiring, taking
possession of, producing, accessing or supplying documentation (including in electronic form) regarding:
(d) the manufacture or detonation of explosives;
(e) weapons; and/or
(f)
combat skills;
b.
manufacturing, acquiring, taking possession of or
using or attempting to manufacture, acquire, possess or use any commercial,
military or home made and/or improvised explosives or explosive accessories,
initiation systems or firing devices;
c.
subject to section 104.5(5) of the Criminal Code, communicating to any
person, whether directly or indirectly (including via internet
chat rooms, websites, media interviews, publications and group gatherings) in
relation to:
–
methodology, tactics and other
knowledge connected with, or likely to facilitate, terrorist acts, including
explosives, weapons and/or combat skills
–
names or contact details of persons you
know to be associated with a listed terrorist organisation (see Schedule 3).
and
6.
You are prohibited from
communicating or associating with:
a.
up to 50 individuals listed by the Department of Foreign Affairs and Trade pursuant
to Part 4 of the Charter of
the United Nations (Terrorism and Dealings with Assets) Regulations 2002
(Cth), as notified to you in writing by the AFP CT
Coordinator, with such prohibition to take effect from notification; and
b.
any individual that you know to be a
member of a listed / specified terrorist
organisation (see Schedule 3).
and
7.
Following the expiration of 48 hours
after this control order is served upon you, you are prohibited from accessing or using the following specified
forms of telecommunications or other technology:
a.
any mobile
telephone service that has not been approved in writing by the AFP CT
Coordinator with such approval to be given provided only one mobile telephone
service is nominated in total and sufficient details to identify the service to
be used are provided;
b.
a telephone
service card, SIM card or account, incorporating a credit or “top up” facility
that has not been approved in writing by the AFP CT Coordinator with such
approval to be given provided only one telephone service card, SIM card or
account, incorporating a credit or “top up” facility is nominated in total and
sufficient details to identify the service to be used are provided;
c.
any fixed or
landline telephone service that has not been approved in
writing by the AFP CT Coordinator with such approval to be given provided
only one fixed or landline telephone service is nominated in total and
sufficient details to identify the service to be used are provided or is
required in the case of an emergency;
d.
any public
telephone except in the case of an emergency;
e.
any satellite
telephone service;
f.
any Voice Over
Internet Protocol (VOIP) service including any software or hardware that will
facilitate a VOIP service that has not been approved in writing by the AFP CT
Coordinator with such approval to be given provided only one Voice Over
Internet Protocol (VOIP) service including any software or hardware that will
facilitate a VOIP service is nominated in total and sufficient details to identify
the service to be used are provided;
g.
any internet
service provider account that has not been approved in writing by the AFP CT
Coordinator with such approval to be given provided only one internet service
provider account is nominated in total and sufficient details to identify the
account to be used are provided;
h.
any electronic
mail (e-mail) account that has not been approved in writing by the AFP CT
Coordinator with such approval to be given provided only one electronic mail
(e-mail) account is nominated in total and sufficient details to identify the
account to be used are provided.
and
8.
You are prohibited from having in your
possession, custody or control or using any firearm or ammunition except during
the 48 hours after this control order is served upon you during which you must
arrange for the surrender to police of any firearm or ammunition in your
possession, custody or control.
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Federal Magistrate Mowbray
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Affix Court Seal |
Schedule 2:
summary of the grounds
on which this Order is made
1.
Mr Thomas has
admitted that he trained with Al Qa’ida in 2001. Al Qa’ida is a listed terrorist organisation
under section 4A of the Criminal Code
Regulations 2002, made under the Criminal
Code Act 1995. Mr Thomas also admitted
that while at the Al Qa’ida training camp he undertook weapons training, including the use of
explosives and learned how to assemble and shoot various automatic weapons.
2.
There are good reasons to believe that
given Mr Thomas has received training with Al Qa’ida he is now an available resource
that can be tapped into to commit terrorist acts on behalf of Al Qa’ida or
related terrorist cells. Training has provided
Mr Thomas with the capability to execute or assist with the execution directly
or indirectly of any terrorist acts.
3.
Mr Thomas is vulnerable. Mr Thomas may be susceptible to the views
and beliefs of persons who will nurture him during his reintegration into the
community. Mr Thomas’s links with
extremists such as Abu Bakir Bashir, some of which are through his wife, may
expose and exploit Mr Thomas’s vulnerabilities.
4.
Furthermore, the mere fact that Mr
Thomas has trained in Al Qai’da training camps, and associated with senior Al
Qai’da figures, in Afghanistan is attractive to aspirant extremists who will
seek out his skills and experiences to guide them in achieving their
potentially extremist objectives.
5.
The controls set out in this interim
control order statement will protect the public and substantially assist in
preventing a terrorist act. Without
these controls, Mr Thomas’s knowledge and skills could provide a potential
resource for the planning or preparation of a terrorist act.
Schedule 3:
LISTED TERRORIST
ORGANISATIONS
4A Terrorist organisations — Al Qa’ida
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Al Qa’ida/Islamic
Army is specified.
(2) For subregulation
(1), Al Qa’ida/Islamic Army is also known by the following names:
(a) ‘The Base’;
(b) Al Qaida;
(c) Al Qaeda;
(d) International
Front for Fighting Jews and Crusaders;
(e) Islamic Army
for the Liberation of Holy Sites;
(f) Islamic
Salvation Foundation;
(g) The Group for
the Preservation of the Holy Sites;
(h) The Islamic
Army for the Liberation of the Holy Places;
(i) The World
Islamic Front for Jihad Against Jews and Crusaders;
(j) Usama Bin
Laden Network;
(k) Usama Bin
Laden Organization;
(l) International
Islamic Front Against Jews and Christians;
(m) Qa’idat
Al-Jihad.
4B Terrorist organisation — Jemaah
Islamiyah
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Jemaah Islamiyah (the
network in southeast Asia, founded by the late Abdullah Sungkar) is specified.
(2) For subregulation (1), Jemaah Islamiyah is also known by the
following names:
(a) Jema’ah
Islamiyah;
(b) Jemaah
Islamiya;
(c) Jemaah
Islamiah;
(d) Jamaah
Islamiyah;
(e) Jama’ah
Islamiyah.
4C Terrorist organisations — Abu
Sayyaf Group
(1) For paragraph (b)
of the definition of terrorist organisation in
subsection 102.1 (1) of the Code, the organisation known as
Abu Sayyaf Group is specified.
(2) For
subregulation (1), Abu Sayyaf Group is also known by the following names:
(a) Abu Sayyaf Group
(ASG);
(b) Al Harakat Al
Islamiyya (AHAI);
(c) Al Harakat-ul
Al Islamiyya;
(d) Al-Harakatul-Islamia;
(e) Al Harakat Al
Aslamiya;
(f) Abou Sayaf
Armed Band (ASAB);
(g) Abu Sayaff
Group;
(h) Abou Sayyef
Group and Mujahideen Commando Freedom Fighters (MCFF).
4D Terrorist organisations — Jamiat
ul-Ansar (JuA)
(1) For paragraph (b)
of the definition of terrorist organisation in
subsection 102.1 (1) of the Code, the organisation known as Jamiat
ul-Ansar (JuA) is specified.
(2) For
subregulation (1), Jamiat ul-Ansar (JuA) is also known by the following
names:
(a) Harakat
ul-Mujahideen;
(b) HuM;
(c) Al-Faran;
(d) Al-Hadid;
(e) Al-Hadith;
(f) Harakat-ul-Ansar;
(g) HuA;
(h) Harakat
ul-Mujahidin/HuM.
4E Terrorist organisations — Armed
Islamic Group
(1) For paragraph (b)
of the definition of terrorist organisation in
subsection 102.1 (1) of the Code, the organisation known as Armed
Islamic Group is specified.
(2) For subregulation
(1), Armed Islamic Group is also known by the following names:
(a) Al Jamm’ah
Al-Islamiah Al-Musallah;
(b) GIA;
(c) Groupement
Islamique Armé;
(d) Groupe
Islamique Armé.
4F Terrorist organisations — Salafist
Group for Call and Combat/GSPC
(1) For paragraph (b)
of the definition of terrorist organisation in subsection 102.1 (1)
of the Code, the organisation known as Salafist Group for Call and Combat/GSPC
is specified.
(2) For subregulation
(1), the Salafist Group for Call and Combat/ GSPC is also known as Le Groupe
Salafiste Pour La Prediction et le Combat.
4G Terrorist organisations — Tanzim
Qa’idat al-Jihad fi Bilad al?Rafidayn
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Tanzim Qa’idat al-Jihad fi
Bilad al?Rafidayn is specified.
(2) For subregulation
(1), Tanzim Qa’idat al-Jihad fi Bilad al?Rafidayn is also known by the
following names:
(a) Tanzim
Qa’idat al-Jihad fi Bilad al?Rafidayn (TQJBR);
(b) TQJBR;
(c) the
al-Zarqawi network;
(d) al-Tawhid;
(e) Jama’at
al-Tawhid wa’al-Jihad;
(f) Al-Tawhid
and al-Jihad;
(g) The
Monotheism and Jihad Group;
(h) Qaida of the
Jihad in the Land of the Two Rivers;
(i) Al-Qa’ida of
Jihad in the Land of the Two Rivers;
(j) Al-Qa’ida
of Jihad Organization in the Land of the Two Rivers;
(k) The
Organisation of Jihad’s Base in the Country of the Two Rivers;
(l) The
Organisation Base of Jihad/Country of the Two Rivers;
(m) The
Organisation Base of Jihad/Mesopotamia;
(n) Tanzeem
Qa’ida al-Jihad/Bilad al Raafidaini;
(o) Kateab
al-Tawhid;
(p) Brigades of
Tawhid;
(q) Unity and
Jihad Group;
(r) Unity and
Holy Struggle;
(s) Unity and
Holy War.
4H Terrorist organisations — Ansar
al-Islam
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Ansar al-Islam is specified.
(2) For subregulation
(1), Ansar al-Islam is also known by the following names:
(a) Partisans of
Islam;
(b) Supporters of
Islam;
(c) Devotees of
Islam;
(d) Ansar al
Sunna;
(e) Jaish Ansar
al-Sunna;
(f) Ansar
al-Sunna Army;
(g) Army of Ansar
al-Sunn.
4I Terrorist organisations — Asbat
al-Ansar
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Asbat al-Ansar is specified.
(2) For subregulation
(1), Asbat al-Ansar is also known by the following names:
(a) Usbat
al-Ansar;
(b) Osbat
al-Ansar.
4J Terrorist organisations — Islamic
Movement of Uzbekistan
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Islamic Movement of Uzbekistan
is specified.
(2) For subregulation
(1), Islamic Movement of Uzbekistan is also known by the following names:
(a) IMU;
(b) Islamic Party
of Turkestan;
(c) Islamic Movement
of Turkestan.
4K Terrorist organisations —
Jaish-e-Mohammad
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Jaish-e-Mohammad is specified.
(2) For subregulation
(1), Jaish-e-Mohammad is also known by the following names:
(a) Jaish-i-Mohammad;
(b) Jesh-e-Mohammadi;
(c) Jaish-e-Mohammad-e-Tanzeem;
(d) Tehrik-al-Furgan;
(e) Tehrik-al-Furqaan;
(f) Khuddam-ul-Islam;
(g) Army of
Mohammad.
4L Terrorist organisations — Lashkar-e
Jhangvi (LeJ)
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Lashkar-e Jhangvi (LeJ) is
specified.
(2) For subregulation
(1), Lashkar-e Jhangvi (LeJ) is also known by the following names:
(a) Lashkar-e
Jhangvi;
(b) Lashkar e
Jhangvi;
(c) Laskar-e-Jhangvi;
(d) Lashkar-e-Jhangvie;
(e) Lashkar-e-Jhangwi;
(f) Lashkar-e-Jhanvi;
(g) Laskar e
Jahangvi;
(h) Lashkar-i-Jangvi;
(i) Lashkar-i-Jhangvi;
(j) Lashkar-i-Jhangwi;
(k) Lashkar
Jangvi;
(l) Lashkar
Jhangvi;
(m) Lashkare
Jhangvi;
(n) Jhangvi Army.
4M Terrorist organisations — Egyptian
Islamic Jihad
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Egyptian Islamic Jihad is
specified.
(2) For subregulation
(1), Egyptian Islamic Jihad is also known by the following names:
(a) al-Jihad;
(b) Jihad Group;
(c) Islamic
Jihad;
(d) Al-Jihad
al-Islami;
(e) New Jihad
Group;
(f) Qaeda al-Jihad;
(g) Talaa’al
al-Fateh;
(h) Vanguards of
Conquest;
(i) al-Takfir;
(j) World
Justice Group;
(k) International
Justice Group;
(l) Islamic
Group.
4N Terrorist organisations — Islamic
Army of Aden (IAA)
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Islamic Army of Aden (IAA) is
specified.
(2) For subregulation
(1), Islamic Army of Aden (IAA) is also known by the following names:
(a) Aden Abyan
Islamic Army (AAIA);
(b) Islamic Army
of Aden Abayan.
4Q Terrorist organisations —
Hizballah’s External Security Organisation (ESO)
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Hizballah’s External Security
Organisation (ESO) is specified.
(2) For subregulation
(1), Hizballah’s External Security Organisation (ESO) is also known as Islamic
Jihad Organisation.
4T Terrorist organisations —
Palestinian Islamic Jihad (PIJ)
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Palestinian Islamic Jihad
(PIJ) is specified.
(2) For subregulation
(1), Palestinian Islamic Jihad (PIJ) is also known by the following names:
(a) Islamic Jihad
Palestine (IJP);
(b) Islamic
Jihad — Palestine Faction;
(c) Islamic Holy
War.
4U Terrorist organisations — HAMAS’
Izz al-Din al?Qassam Brigades
For paragraph (b) of the definition of terrorist
organisation in subsection 102.1 (1) of the Code, the organisation
known as HAMAS’ Izz al-Din al-Qassam Brigades is specified.
4V Terrorist organisations —
Lashkar-e-Tayyiba (LeT)
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Lashkar-e-Tayyiba (LeT) is
specified.
(2) For subregulation
(1), Lashkar-e-Tayyiba (LeT) is also known by the following names:
(a) Lashkar-e-Toiba;
(b) Lashkar-e-Taiba;
(c) Army of the
Pure and Righteous;
(d) Paasban-e-Kashmir;
(e) Paasban-i-Ahle-Hadith;
(f) Jamaat-ud-Dawa.
4W Terrorist organisations — Kurdistan
Workers Party (PKK)
(1) For paragraph (b)
of the definition of terrorist organisation in subsection
102.1 (1) of the Code, the organisation known as Kurdistan Workers Party
(PKK) is specified.
(2) For
subregulation (1), Kurdistan Workers Party (PKK) is also known by the
following names:
(a) Peoples
Congress of Kurdistan;
(b) Kongra Gel;
(c) Kongra Gele
Kurdistan;
(d) Partiya
Karkeren Kurdistan;
(e) New PKK;
(f) Freedom and
Democratic Congress of Kurdistan;
(g) Kurdistan
Freedom and Democracy Congress;
(h) KADEK;
(i) Kurdistan
Halk Kongresi;
(j) KHK;
(k) Kurdistan
Labor Party;
(l) Kurdistan
Peoples Congress;
(m) Kurdish
Freedom Falcons;
(n) Kurdish
Liberation Hawks;
(o) Kurdistan
Ozgurluk Sahinleri;
(p) Teyrbazên
Azadiya Kurdistan;
(q) TAK.
