Posted on 02/13/2005 5:41:11 PM PST by naturalman1975
TERRORIST suspect "Jihad" Jack Thomas was granted bail at his third attempt in Melbourne today.
Joseph Terrence Thomas, 31, also known as Jack, broke down and wept as Victorian Chief Magistrate Ian Gray granted the bail application at the third attempt.
Mr Gray said Mr Thomas's application was now a much stronger one than it had been on the previous occasions.
He took into account Mr Thomas's fragile psychiatric state, the harsh conditions under which he was being held at Barwon prison and his co-operation with the authorities.
Under the bail conditions, on a $100,000 surety provided by his father, Mr Thomas must report to the police twice daily.
The former taxi driver and Muslim convert faces charges of receiving financial support from al-Qaeda, providing al-Qaeda with resources or support to help them carry out a terrorist attack, and having a false passport.
Mr Thomas was arrested in a raid by counter-terrorist police at his outer-western suburban Werribee home last November.
He returned to Australia in June last year after being held in Pakistan for six months on suspicion of having terrorist connections. He was released in Pakistan without charge.
Mr Thomas had twice before been refused bail, once by a magistrate and later in the Victorian Supreme Court.
In his latest bail bid, Mr Thomas's lawyer Rob Stary told Melbourne Magistrates Court his client should be released on a number of grounds, including being detained under harsh conditions unsuitable for an unconvicted prisoner.
He was in solitary confinement for 21 hours a day, Mr Stary said.
Mr Stary said there was no evidence to suggest his client was a "sleeper" agent "waiting to be activated".
Mr Thomas had been under constant surveillance and had co-operated with the authorities, Mr Stary said.
Mr Stary said Mr Thomas faced up to 18 months in custody while awaiting trial and his medical and psychiatric condition was degenerating.
Thomas's father, Ian, said the family was very happy with the outcome and his son was greatly relieved to be free.
He refused to comment any further except to thank Mr Stary.
Mr Stary said the outcome provided an enormous sense of relief.
"There's an enormous sense of relief that Mr Thomas has been released for all the reasons you heard in court," he said.
"We're very grateful and we're grateful for the scrutiny that the media has provided in this case."
In granting bail, Mr Gray said there was no evidence Thomas had ever attempted to make contact with terrorist organisations since his return to Australia.
But he said he did not think the case against Thomas could be described as weak.
"For present purposes, the strength or weakness (of the case) remains neutral," he said.
During the hearing, Mr Stary had submitted that there was no evidence to suggest Thomas was a sleeper agent for al-Qaeda waiting to be activated.
The Crown had said it was a point which remained open and that Thomas's appearance of leading a normal life did not mean he was not still committed to a terrorist organisation.
However, Mr Gray said that on this question "the scale tends to tip towards the defendant".
Mr Gray said the psychiatric report on Thomas must be given some weight. The hearing had heard Thomas was being held in solitary confinement for 21 hours a day.
His isolation had induced a sense of helplessness and had brought "intrusive memories" of being detained in Pakistan, where he would hear the screams of other prisoners being tortured.
Mr Gray said the conditions Thomas was being held under were "on any view restrictive and could be described as oppressive".
A bearded Thomas later emerged from a side entrance of the court wearing a dark suit and tie and smiling broadly, but refused to answer media questions.
He was met by his lawyer and was driven off in a white Holden Statesman.
Fred, bad news from your part of the world.
Words fail me. Perhaps it's best to look on the bright side, he probably sang like a bird and bail is his reward.
Words fail me. Perhaps it's best to look on the bright side, he probably sang like a bird and bail is his reward.
you double posted, Fred!
1. taxi driver
2. muslim
3. al Qaeda
Same in Seattle!
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