Mex Cooper | February 3
The leader of a Melbourne-based terrorist cell has been sentenced to 27 years' jail.
Abdul Nacer Benbrika, 48, of Dallas, will serve 12 years' jail before being eligible for parole.
Justice Bernard Bongiorno in the Supreme Court said a terrorist organisation led by Benbrika had been dedicated to the destruction of non-believers but the group had not planned specific attacks despite the evidence of a key prosecution witness.
Benbrika became the first Australian to be convicted of leading a terrorist group last September, following the country's biggest-ever terrorism trial that lasted seven months and cost tens of millions of dollars.
The father-of-seven faced a maximum 25 years' prison for directing the terrorist group that the jury heard had discussed attacking Melbourne's Crown Casino and bombing the MCG.
Benbrika was also convicted of possessing a compact disc connected to the preparation of a terrorist act.
But in sentencing Benbrika and six of his followers today, Justice Bongiorno said he did not accept the evidence of Izzydeen Atik, who claimed Benbrika told him the terror cell had planned to target the casino on Grand Prix weekend in 2006 and the MCG on Grand Final day in 2005 and the
2006 NAB Cup.
Atik had been a member of the group before pleading guilty to belonging to a terrorist organisation in July 2007 and was jailed for just over four years.
Justice Bongiorno said Atik was a liar and a cheat who had defrauded the social security system while living in a luxury townhouse and employing a butler.
At the time, he was earning thousands of dollars a month from a credit card scam, the court heard.
But Justice Bongiorno said the terror group had still posed a "significant threat'' and may have carried out a terrorist attack if not stopped.
He said the men had committed serious crimes but not as serious as if Atik's evidence had been accepted.
Benbrika used warped teachings of Islam to recruit his young followers and encourage them to wage violent jihad against "non-believers'' in Australia.
Justice Bongiorno said although the word jihad had many meanings in Islam, Benbrika used the term only to mean a violent attack by his group to advance the Islamic cause.
He said Benbrika had admired Osama Bin Laden and believed that killing people and destroying buildings was justified as it would help pressure the Australian Government into withdrawing troops from Iraq and leaving the American alliance.
The court heard Benbrika had told one of his followers, Abdullah Merhi, not just to kill a few people but to ``do a big thing''.
Merhi had responded "like Spain,'' in reference to terrorist attacks on Madrid, Justice Bongiorno said.
In May 2004, a Victorian undercover police officer posing as a Turkish Muslim man had infiltrated the group.
Five months later, he offered to show Benbrika how to make explosives and took Benbrika to a remote bush location north of Melbourne where he detonated a device.
Benbrika asked how much explosive would be needed to blow up building and homes but did not ask the undercover agent to get him any of the bomb-making ingredients or tell any of the other members of the group about the demonstration.
Six of Benbrika's followers, aged in their 20s, from Melbourne's western and northern suburbs, will today also be sentenced.
Justice Bongiorno said terrorism laws meant those charged with offences had a criminal liability earlier than in other criminal cases.
Remy van de Wiel, QC, had argued at pre-sentence hearings that Benbrika's sentence should be tempered because he suffered from depression and an undiagnosed medical condition which caused him to have ``embarrassing involuntary movements'' and would make his prison time more
stressful.
He had said Benbrika had not properly led the group, which had never grown beyond an ``embryonic terrorist organisation''.
But Justice Bongiorno said by its existence and nature the organisation had fostered in its members the desire to commit terrorist activities.
He said the evidence suggested that Benbrika was still committed to violent jihad, had shown no contrition for his offences and had talked about continuing the group's activities behind bars if its members were jailed.
Benbrika had served 1184 days in custody after being arrested in November 2005.
The leader of a Melbourne-based terrorist cell has been sentenced to 27 years' jail.
Abdul Nacer Benbrika, 48, of Dallas, will serve 12 years' jail before being eligible for parole.
Justice Bernard Bongiorno in the Supreme Court said a terrorist organisation led by Benbrika had been dedicated to the destruction of non-believers but the group had not planned specific attacks despite the evidence of a key prosecution witness.
Benbrika became the first Australian to be convicted of leading a terrorist group last September, following the country's biggest-ever terrorism trial that lasted seven months and cost tens of millions of dollars.
The father-of-seven faced a maximum 25 years' prison for directing the terrorist group that the jury heard had discussed attacking Melbourne's Crown Casino and bombing the MCG.
Benbrika was also convicted of possessing a compact disc connected to the preparation of a terrorist act.
But in sentencing Benbrika and six of his followers today, Justice Bongiorno said he did not accept the evidence of Izzydeen Atik, who claimed Benbrika told him the terror cell had planned to target the casino on Grand Prix weekend in 2006 and the MCG on Grand Final day in 2005 and the
2006 NAB Cup.
Atik had been a member of the group before pleading guilty to belonging to a terrorist organisation in July 2007 and was jailed for just over four years.
Justice Bongiorno said Atik was a liar and a cheat who had defrauded the social security system while living in a luxury townhouse and employing a butler.
At the time, he was earning thousands of dollars a month from a credit card scam, the court heard.
But Justice Bongiorno said the terror group had still posed a "significant threat'' and may have carried out a terrorist attack if not stopped.
He said the men had committed serious crimes but not as serious as if Atik's evidence had been accepted.
Benbrika used warped teachings of Islam to recruit his young followers and encourage them to wage violent jihad against "non-believers'' in Australia.
Justice Bongiorno said although the word jihad had many meanings in Islam, Benbrika used the term only to mean a violent attack by his group to advance the Islamic cause.
He said Benbrika had admired Osama Bin Laden and believed that killing people and destroying buildings was justified as it would help pressure the Australian Government into withdrawing troops from Iraq and leaving the American alliance.
The court heard Benbrika had told one of his followers, Abdullah Merhi, not just to kill a few people but to ``do a big thing''.
Merhi had responded "like Spain,'' in reference to terrorist attacks on Madrid, Justice Bongiorno said.
In May 2004, a Victorian undercover police officer posing as a Turkish Muslim man had infiltrated the group.
Five months later, he offered to show Benbrika how to make explosives and took Benbrika to a remote bush location north of Melbourne where he detonated a device.
Benbrika asked how much explosive would be needed to blow up building and homes but did not ask the undercover agent to get him any of the bomb-making ingredients or tell any of the other members of the group about the demonstration.
Six of Benbrika's followers, aged in their 20s, from Melbourne's western and northern suburbs, will today also be sentenced.
Justice Bongiorno said terrorism laws meant those charged with offences had a criminal liability earlier than in other criminal cases.
Remy van de Wiel, QC, had argued at pre-sentence hearings that Benbrika's sentence should be tempered because he suffered from depression and an undiagnosed medical condition which caused him to have ``embarrassing involuntary movements'' and would make his prison time more
stressful.
He had said Benbrika had not properly led the group, which had never grown beyond an ``embryonic terrorist organisation''.
But Justice Bongiorno said by its existence and nature the organisation had fostered in its members the desire to commit terrorist activities.
He said the evidence suggested that Benbrika was still committed to violent jihad, had shown no contrition for his offences and had talked about continuing the group's activities behind bars if its members were jailed.
Benbrika had served 1184 days in custody after being arrested in November 2005.
Source: The Age
H/T: JR
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