Abdul Nacer Benbrika

Abdul Nacer Benbrika ( _ar. عبد الناصر بن بريكة) (born in Algeria about 1960), Australian Muslim activist, also known as Abu Bakr (Arabic: أبو بكر), was one of 17 men arrested in the Australian cities of Sydney and Melbourne in November 2005, and charged with membership of a terrorist organisation and of planning terrorist attacks on targets within Australia. Benbrika is alleged to be the spiritual leader of the group. Lawyers for Benbrika and the other men arrested have denied all the charges. On 15th of September 2008 Benbrika was found guilty on the charge of intentionally being the leader and a member of a terrorist organisation.

Personal background

Benbrika was born in Algeria: various sources give his age as 45 or 46 as of November 2005. He was trained as an aircraft engineer. He arrived in Australia in May 1989 on a one-month visitor's permit, on which he twice gained extensions, and settled in the northern suburbs of Melbourne, an area with a large Muslim population. After the expiry of his permit in 1990 he became a prohibited non-citizen, then spent the next six years fighting through the Immigration Review Tribunal appeals process, for the right to stay. During his hearings he told the Tribunal of his "love of the Australian lifestyle". [http://www.smh.com.au/news/national/arrested-a-man-apart-who-fought-to-stay-in-australia/2005/11/08/1131407637648.html "Arrested: a man apart who fought to stay in Australia"] , by Ian Munro with Barney Zwartz, "Sydney Morning Herald", 9 November 2005]

In 1992 Benbrika married a Lebanese woman who was an Australian citizen, with whom he had six children. He was granted Australian residence in 1996 and became an Australian citizen in 1998, although he is reported to have retained his Algerian citizenship as well.

tanding in the Muslim community

Benbrika, who studied theology under Melbourne's orthodox Islamic scholar, Muhammed Omran, taught at various locations over several years, including Preston Mosque and was respected for his knowledge of religious matters by many of Melbourne's Muslim students of religion. However, his teachings became increasingly politicised after the US-led invasions of Afghanistan and Iraq. This came at a time when the Muslim community was under intense scrutiny from the Australian government and media outlets. Abu Bakr began teaching smaller groups on a less formal basis after he refused the requests of more formal organisations that he tone down his teachings.

Islamic Council of Victoria board member Waleed Aly said Benbrika's group was "a splinter of a splinter of a splinter. Most Muslims had never heard of him until he appeared on the ABC." TWaleed Aly was quoted as saying. "...He formed his own group with a handful of young men who he calls his students." Benbrika's students included a number of those arrested along with him in November, one of whom is alleged to have undergone military training in Afghanistan.

Terrorism

Benbrika came to public attention when he told an ABC Radio interviewer: "Osama bin Laden, he is a great man. Osama bin Laden was a great man before 11 September, which they said he did it, until now nobody knows who did it." He was quoted as defending Muslims fighting against coalition forces in Iraq and Afghanistan, and said anyone who fought in the name of God would be forgiven their sins. "According to my religion, jihad is a part of my religion and what you have to understand is that anyone who fights for the sake of Allah, when he dies, the first drop of blood that comes from him out all his sin will be forgiven." [ [http://www.abc.net.au/7.30/content/2005/s1500743.htm "Pre-dawn raids net terrorism suspects"] , by Tracy Bowden, "7.30 Report", "Australian Broadcasting Corporation", 8 November 2005]

During 2004 and 2005 Australian security agencies had Benbrika under surveillance as a possible instigator of terrorist acts. In March his passport was withdrawn on advice from the Australian Security Intelligence Organisation (ASIO), and ASIO agents raided his Melbourne home in June. In November, according to media reports, ASIO became convinced that Benbrika's group, and affiliated group in Sydney, was actively planning a terrorist attack. It was at this time that the federal government was introducing new anti-terrorim legislation, the Australian Anti-Terrorism Act 2005. It is said that on the advice of ASIO, the Australian Parliament amended the law relating to terrorism, broadening the definition of planning 'a' terrorist act. A few days later police raids in Sydney and Melbourne arrested Benbrika and 16 other men, one of whom was shot after allegedly opening fire on police in Sydney. It has also been said that the timing of the arrests was planned to coincide with the new laws.

Benbrika and his 12 fellow defendants (including Shane Kent, Fadal Sayadi, Raad Ahmed, Amer Haddara, Abdulla Merhi Raad Ezzit, Hany Taha and Aimen Joud) appeared in a Melbourne magistrate's court the day after their arrest. All are of Muslim immigrant backgrounds except Kent, who is a convert. Benbrika was charged with "directing the activities of a terrorist organization." [ [http://www.bloomberg.com/apps/news?pid=10000080&sid=aeKIiR31aBXo&refer=asia "Australia's Howard Says Fanatical Islam Behind Terror (Update 2)"] , "Bloomberg", 9 November 2005] He did not apply for bail and was remanded in custody. Several of his fellow defendants applied for bail on numerous occasions during their pre-trial remand detention in the maximum security Acacia Unit of Barwon Prison, from November 2005 until their trial began in February 2008.

Government and police officials said the group was stockpiling chemicals that could have been used to make explosives, however they have not been charged with this offence. According to the Melbourne "Herald Sun", the group was "plotting a terrorist spectacular on the scale of the al-Qaeda attacks on London and Madrid." [ [http://www.news.com.au/story/0,10117,17176270-2,00.html "Raids 'thwarted major attack'"] , "Australian Associated Press", 8 November 2005] The Victorian Police Commissioner, Christine Nixon, said she believed the arrests, which came after 16 months of police surveillance, had "seriously disrupted the activities of a group intent on carrying out a terrorist attack." The raids were planned after new information was obtained, she said. She said that although the group had no known specific target, "We were concerned that the attack was imminent, and we believe that we have sufficient evidence that will go before the courts to show that." [ [http://www.theage.com.au/news/national/we-have-disrupted-a-largescale-attack/2005/11/09/1131407643684.html "'We have disrupted a large-scale attack'"] , by Ian Munro, John Silvester and Tom Allard, "The Age", 9 November 2005]

In an interview before his arrest, Benbrika denied that he was involved in terrorist activities. "I am not involved in anything here," he said. "I am teaching my brothers here the Koran and the Sunnah, and I am trying my best to keep myself, my family, my kids and the Muslims close to their religion."

In company with the other defendants, Benbrika appeared in a Melbourne court in March 2007, under extremely strict security precautions. The proceedings of the case are subject to severe reporting restrictions in Victoria.

Trial

The trial of Benbrika began in February 2008. [http://www.news.com.au/heraldsun/story/0,21985,23206803-661,00.html Terror plot to kill 1000, court told] Herald Sun Feb 13,2008] The charges against him included, "intentionally being members of a terrorist organisation involved in the fostering or preparation of a terrorist act." The case was prosecuted by Richard Maidment SC and presided over by Justice Bernard Bongiorno. The prosecution in opening remarks outlined the details of 500 phone conversations, recorded by telephone intercepts and hidden listening devices, between Benbrika and the 11 men in his group also on trial. Prosecutors claim that phone records revealed the groups plans; "to cause maximum damage. To cause the death of a thousand.... by use of a bomb."

They allege that the group led by Benbrika was "bent on violent Jihad" and "planned terrorist attacks on football games or train stations to maximise deaths." and that Benbrika said that in some cases it was theologically permissible to "kill women, children and the elderly".

The court was told how Benbrika allegedly used at least 10 different mobile phones that were registered in false names and addresses.

The jury in the case retired to consider its verdict on 20 August 2008. On 15th of September Benbrika was found guilty on the charge of intentionally being the leader and a member of a terrorist organisation. [ [http://www.reuters.com/article/worldNews/idUSSYD34545220080916 reuters.com, Australia's biggest terror trial ends, 7 found guilty] ] [ [http://www.news.com.au/story/0,23599,24357285-2,00.html news.com, Muslims 'mixed emotions' over terror trial] ]

References

External links

* [http://www.cnn.com/2005/WORLD/asiapcf/11/07/australia.terror.bakr/index.html "Cleric has been closely watched"] , "CNN", 7 November 2005
* [http://www.cnn.com/2005/WORLD/asiapcf/11/07/australia.terror/index.html "Terror swoop: More arrests likely"] , "CNN", 8 November 2005
* [http://www.smh.com.au/news/national/terror-targets-not-known/2005/11/08/1131212028240.html "Jihad in Australia: court told of plot"] , by Dewi Cooke, "Sydney Morning Herald", 8 November 2005