Posted on 02/26/2006 2:45:30 PM PST by Aussie Dasher
MELBOURNE man Jack Thomas could face up to 25 years in jail after being found guilty of accepting cash from terror group al-Qaida.
The 32-year-old father of three was behind bars last night after being the first person charged and convicted under Australia's updated anti-terrorism laws. Thomas was also found guilty by a Supreme Court jury yesterday of falsifying his passport.
However, the jurors cleared Thomas of accusations he planned to become an Australian sleeper agent for Osama bin Laden.
After four days of deliberations, the jury found Thomas not guilty of the two more serious charges of providing support or resources to terrorists.
The Thomas family -- father Ian, mother Patsy and wife Maryati -- sat holding hands as the verdicts were read. Outside court Ian Thomas said the family had always supported their son.
"We have always known Jack had nothing to answer for . . . we thank the jury and the acquittal has been a significant victory," he said.
Thomas's wife Maryati -- making her first appearance at court since the trial began -- sobbed outside court after the decision.
"It's been a long battle, but it's a relief," she said.
Mrs Thomas, who has been married to Thomas for eight years, said her husband was not a terrorist.
"It's ridiculous beyond any doubt," she said.
Referred to in court documents as Joseph Terrence Thomas, he adopted the name Jihad when he converted to Islam in 1997.
Thomas became known as Jihad Jack after his arrest, although he and his family hated the nickname.
Throughout the week-long trial, the court heard allegations Thomas had been invited by a senior al-Qaida member to work for bin Laden in Australia.
Prosecutor Nick Robinson told the jury Khaled bin Attash had asked Thomas to lie low for six to 12 months surveying military installations before setting up a secret overseas meeting.
Mr Robinson said Thomas became a trusted member of the terror group after training in Afghanistan in 2001.
Thomas told federal police he accepted $4750 and an airline ticket home, but denied he agreed to become a sleeper agent.
"None of this money was ever planned or was ever intended for terrorism," he said.
Defence lawyer Lex Lasry, QC, said the case against his client was a trophy trial designed to show police were working hard against terrorism.
Thomas was arrested at a Pakistani airport in January 2003 with a false visa stamp in his passport.
Thomas told police during a recorded interview he was no "big fish" and wanted to give them as much help as he could.
Thomas said he saw bin Laden at least three times and thought about pledging his loyalty to the group before deciding against it.
"Bin Laden was right there in front of me, three times. Could have come up to him and said, 'Listen mate, pledge allegiance to this, this, this and this', to the big man," he told police.
"I thought about it and thought, 'No I won't do it'. I believe that they are on the wrong path. I don't agree with their methods."
Thomas said he went to the al-Farooq camp in Afghanistan so he could fight for the Taliban against the Northern Alliance. He said he had no idea it was run by al-Qaida until the attacks on America on September 11, 2001.
Thomas's lawyers argued strongly in pre-trial argument that the interview conducted in Pakistan should not be admitted into evidence. It was conducted without Thomas having access to an Australian lawyer engaged by his family, the court heard.
But Justice Philip Cummins ruled it admissible, saying federal police had done all they could and Thomas was warned he did not have to answer.
Thomas was yesterday denied bail and remanded in custody to appear in court for a plea hearing on Thursday. He will appeal against the guilty verdict.
His lawyer, Rob Stary, said outside court that Muslims interviewed by federal police or ASIO should say nothing.
"The main lesson here is, co-operate with the authorities at your own peril," he said. "They will use you as they've used Jack Thomas -- as a sacrificial lamb for their own political purposes."
Mr Stary said he believed the verdict would have an impact in the trial of Australian David Hicks.
After the verdict, Thomas briefly spoke to his wife and parents. "I love you," he told his wife. "Where are the kids? Send them my love."
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