"Jihad Jack" Freed

by **Joe Hillshoist** » Fri Aug 18, 2006 9:18 pm

<blockquote>Quote:<hr>A top defence lawyer says he is concerned the Government might push for tougher anti-terrorism laws as a result of the quashing of convictions against Melbourne man Joseph Terrence Thomas. Yesterday the Victorian Court of Appeal ordered that Mr Thomas be freed, because it ruled the evidence used to find him guilty was inadmissible. The head of the Criminal Defence Lawyers Association, Phillip Bolton, SC, represented the Sydney man convicted of preparing for a terrorist act, Faheem Khalid Lodhi. He has welcomed yesterday's ruling, but says he is worried about the possible reaction of the Federal Government. "I think the Attorney-General is likely to be bitterly disappointed," he said. "He's likely to seek advice about how he can amend the laws and he will seek further ways to restrict the rights of people ... held in custody." Interview In February Mr Thomas was jailed for five years for receiving money from Al Qaeda and falsifying a passport. The case against him relied on admissions he made to the Australian Federal Police (AFP) in Pakistan in 2003. Yesterday, three court of appeal judges unanimously found that interview should not have been used as evidence. Mr Thomas was denied access to a lawyer and the appeal judges found he did not have the free choice to remain silent. Prior to the AFP interview, the Australian was interrogated repeatedly by Pakistani authorities and, he says, threatened with torture. Mr Thomas says he was told his future depended on how well he cooperated. The judges found the two AFP officers implicitly endorsed that position. AFP conduct An Australian Federal Police spokeswoman said the AFP stood by its officers' conduct, but accepted the judges decision. She said AFP must respect the sovereign laws of any nation with whom they are cooperating, and act in accordance with that country's laws. Mr Thomas walked out the gates of the Victorian Supreme Court with a huge smile yesterday. "Hallelujah, that's all I've got to say, hallelujah," he said. Solicitor Rob Stary said his client had been subjected to a great trauma. "As you know he's spent the last few months in psych care" he said. "He's in a debilitated condition as a result of what's transpired." Mr Bolton says he is not surprised that the appeal succeeded. "The confession, the alleged confession, should never have seen the light of a courtroom," he said. "I think it is a great shot in the arm for the justice system in Australia." Neither the Attorney-General Philip Ruddock nor the federal Opposition were available to comment, as the case may now have a new chapter. The prosecution wants a retrial on the basis of an interview Mr Thomas gave to the ABC's Four Corners program earlier this year. Arguments for and against a retrial are yet to be heard.<hr></blockquote> I know I stuck <a href="http://www.abc.net.au/news/newsitems/200608/s1718915.htm" target="top">this</a> on the "libertarians and their .." thread a minute ago, but its worth it. I was appalled this guy got locked up. It was a serious case of bad laws and bad decisions, and a case where I was worried that our legal system had finally given up all pretext at independance, turned round dropped it dacks and bent over for the government. Obviously not, <blockquote>Quote:<hr>Mr Thomas was denied access to a lawyer and the appeal judges found he did not have the free choice to remain silent. Prior to the AFP interview, the Australian was interrogated repeatedly by Pakistani authorities and, he says, threatened with torture. Mr Thomas says he was told his future depended on how well he cooperated. The judges found the two AFP officers implicitly endorsed that position.<hr></blockquote> The cops are always pushing their luck re disregarding how they should do things. There nothing unusual about their behaviour really, but the legal system used to jump on that shit when it could. If you had a good lawyer or some idea what was going on. But Thomas' conviction based on what was gathered from him while in a place where his supposed legal protections didn't apply, was a joke and serious threat to democracy (or what passes for it) in Australia. The 4 corners evidence is another issue, I remember that interview, but not that well - he may have made some admissions that might get him into the shit again. But thats another issue. And has nothing to do with him being convicted on dodgy evidence gathered in a foreign nation where normal (Australian) legal protections don't apply. It appears (from what a pommy poster, can't remember who) said, the vast majority of people busted in England re the dodgy terror laws are let off with no charges being laid, or something similar. So despite the problems this war on terror is causing our (Aus and UK) democracy, it hasn't completely capitulated the way it could have. For some reason this decision makes me feel a bit better about the slide to fascism, that it won't be as smooth and easy, or even as successful as some groups might have hoped. I know that undead monster Ruddock will be all over it. Thats cool bring it on. ONe further point. <blockquote>Quote:<hr>"Hallelujah, that's all I've got to say, hallelujah," he said.<hr></blockquote> That proves it, he's Muslim...

"Jihad Jack" Freed

"Jihad Jack" Freed

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