Joseph T. Thomas

Joseph "Jack" Terrence Thomas (born 1973) is an Australian citizen whose conviction for receiving funds from Al-Qaeda was overturned on appeal. Thomas, commonly referred to in Australian media as "Jihad Jack", was acquitted of providing resources that would assist in a terrorist act before becoming the first Australian to be placed under a control order under the Australian Anti-Terrorism Act 2005.

Terror conviction

Thomas was the first Australian to be convicted under anti-terrorism laws introduced in Australia after the September 11, 2001 attacks in the United States. [http://www.theage.com.au/news/National/Thomas-convicted-under-terror-laws/2006/02/26/1140888736669.html Thomas convicted under terror laws] , The Age, February 26, 2006] He was sentenced on March 31, 2006 to five years prison with a non-parole period of two years. [http://www.news.com.au/story/0,10117,18665257-421,00.html Thomas sentenced under terror laws] , News.com.au, March 31, 2006] Thomas's lawyer, Rob Stary, described the not guilty verdicts on the more serious charges as a "significant victory".

Attorney-General of Australia Philip Ruddock said after news of the conviction, :"The convictions of Mr. Thomas for the terrorist offence and the offence related to passport manipulation demonstrate the seriousness with which these issues are dealt with by the law and highlights the consequences of becoming involved in these activities".

This was in relation to his travels to Pakistan and Afghanistan, after he married and converted to Islam. Thomas left Australia for Pakistan on March 23, 2001, and returned home on June 6, 2003. Since his arrest, Thomas has been referred to in the media as "Jihad Jack". When he converted to Islam the self described Aussie battler took on the name Jihad, Arabic for struggle. [http://www.abc.net.au/4corners/content/2006/s1580223.htm The Convert] , "Four Corners", February 27, 2006] [cite news|author=From the ABC's Four Corners program|title=The Transcript: What Thomas told Four Corners|url=http://www.theaustralian.news.com.au/story/0,20867,20199530-601,00.html|work=The Australian|publisher=News Limited|date=21 August 2006|accessdate=2006-08-28]

Conviction overturned

The trial was highly controversial, as the evidence used to prosecute Thomas consisted solely of an interview conducted in a Pakistani military prison. Despite claims that the evidence was obtained under duress and that Thomas had been tortured, the judge deemed the interview to be admissible. The conviction was overturned on appeal by the Victorian Court of Appeal in the case of "R v Thomas", with the appeals judges ruling that the trial judge should have ruled the evidence inadmissible. [ [http://www.theaustralian.news.com.au/story/0,20867,20170954-1702,00.html Australian terror convictions quashed] - The Australian. August 18, 2006.] [ [http://www.austlii.edu.au/au/cases/vic/VSCA/2006/165.html R v Thomas (2006) VSCA 165] August 18, 2006.]

Control order

On 28 August 2006, following the quashing of the convictions, Thomas was the first person to be issued with a control order under the Australian Anti-Terrorism Act 2005 after written consent was provided by the Australian Attorney-General Philip Ruddock. [Michael Walton, " [http://www.nswccl.org.au/docs/pdf/Anti-Terrorism%20Bill%202005%20(consolidated).pdf A consolidation of the changes to the Criminal Code Act 1995 (Cth), Crimes Act 1914 (Cth) & Australian Security Intelligence Organisation Act 1979 (Cth) proposed in the Anti-Terrorism Bill 2005 (Cth)] ", NSW Council for Civil Liberties, 16 October 2005] The control order places the following restrictions on Thomas:

* He must abide by a curfew, confining him to his home from midnight until 5am each morning. [cite news|title=Curfew order for Jack Thomas|url=http://www.smh.com.au/news/national/curfew-order-for-jack-thomas/2006/08/28/1156617254376.html|work=Sydney Morning Herald|publisher=Fairfax|date=28 August 2006|accessdate=2006-08-28]
* He is restricted in the phone services he is allowed to operate (one mobile phone, one land line) and must have these approved by the Australian Federal Police. He is prohibited from using public pay phones. [cite news|author=Helen Brown and others|title=Transcript: Govt places curfew on Jack Thomas|url=http://www.abc.net.au/lateline/content/2006/s1726436.htm|work=Lateline|publisher=Australian Broadcasting Corporation|date=28 August 2006|accessdate=2006-08-29]
* He is required to seek written approval to make telephone calls. [cite news|author=ABC staff|title=Thomas family vows to fight control order|url=http://www.abc.net.au/news/newsitems/200608/s1726381.htm|work=ABC online|publisher=Australian Broadcasting Corporation|date=28 August 2006|accessdate=2006-08-29]
* He is not to communicate with a list of persons identified as terrorists including Osama bin Laden,cite news|author=Tom Allard|title=Jihad Jack wife's terror link|url=http://www.smh.com.au/news/national/jihad-jack-wifes-terror-link/2006/08/28/1156617275236.html?page=fullpage#contentSwap1|work=Sydney Morning Herald|publisher=Fairfax|date=29 August 2006|accessdate=2006-08-29] Ayman al-Zawahiri and Abu Musab al-Zarqawi [cite news|author=Mark Dunn|title=Curfew after terrorism acquittal|url=http://www.news.com.au/couriermail/story/0,23739,20287221-953,00.html|work=The Courier-Mail|publisher=News Limited|date=29 August 2006|accessdate=2006-08-29]
* He must agree to be fingerprinted.
* He must not leave Australia.

Australian federal magistrate Graham Mowbray made the assessment that Thomas is capable of launching a terrorist attack and that his wife has links to the alleged spiritual leader of Jemaah Islamiah, Abu Bakar Bashir. Thomas and his wife have stated that his wife was a friend of a friend of the woman who became Bashir's wife. [cite news|author=Stephen Fitzpatrick|coauthors=Natasha Robinson|title=Jihad Jack's wife denies link to Bashir|url=http://www.theaustralian.news.com.au/story/0,20867,20310672-601,00.html|work=The Australian|publisher=News Limited|date=31 August 2006|accessdate=2006-08-31] Sidney Jones [ [http://www.crisisgroup.org/home/index.cfm?id=1349&l=1 Sidney Jones biography] from the [http://www.crisisgroup.org/home/index.cfm?id=1349&l=1 International Crisis Group website] ] of the International Crisis Group says the link is a case of mistaken identity based on surname. [cite news|author=Ian Munro|coauthors=Mark Forbes and Nick McKenzie|title=Jihad Jack's JI link: six words in a hotel|url=http://www.smh.com.au/news/national/jack-thomas-ji-link/2006/08/30/1156816970648.html?page=fullpage#contentSwap1|work=Sydney Morning Herald|publisher=Fairfax|date=31 August 2006|accessdate=2006-08-31] Since granting the control order Magistrate Mowbray has criticised the inclusion of Osama Bin Laden on the list of people with whom Thomas must not have contact. He has also criticised the timing of the order, which interrupted a holiday Thomas was having with his family. [cite news|author=AAP|title=Bin Laden link 'silly'|url=http://www.smh.com.au/news/national/bin-laden-link-silly/2006/08/31/1156817005419.html|work=Sydney Morning Herald|publisher=Fairfax|date=31 August 2006|accessdate=2006-08-31]

Thomas unsuccessfully appealed the making of the control order to the High Court of Australia. [cite news|author=ABC staff|title=Anti-terrorism control orders unconstitutional, High Court hears|url=http://www.abc.net.au/news/newsitems/200612/s1804402.htm|work=ABC online|publisher=Australian Broadcasting Corporation|date=5 December 2006|accessdate=2006-12-05]

Retrial

On 20 December 2006 Thomas was ordered to face a retrial, based on an interview with the Australian Broadcasting Corporation's "Four Corners" television program. [cite news|author=ABC staff|title=Thomas to face retrial on terrorism charges|url=http://www.abc.net.au/news/newsitems/200612/s1815446.htm|work=ABC online|publisher=Australian Broadcasting Corporation|date=20 December 2006|accessdate=2006-12-20]

ee also

* Islamic terrorism and Australia

References

External links

* [http://www.justice4jack.com/ Justice for Jack Campaign website]
* [http://www.nationalsecurity.gov.au/ National Security website] from the Australian Attorney-General's Department