Terror Trial: Benbrika Faces 15 Years in Jail

UNCLAS MELBOURNE 000018

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PTER PGOV KVPR AS
SUBJECT: Terror Trial: Benbrika Faces 15 Years in Jail

REF: A) 07 Melbourne 177, B) 07 Melbourne 66, C) 07 Canberra 909

Summary
--------------


1. (SBU) Abdul Nacer Benbrika and six accomplices convicted of
terror related charges in September were sentenced on February 3 to
jail terms ranging from six to 15 years. Public reaction to the
sentencing has been negligible, with many Muslim communities seeking
to distance themselves from Benbrika's philosophy. The trial
continues to be well received by Australians, though many agree that
the still new terror legislation likely faces future refinement.
End Summary.

Sentencing
--------------


2. (SBU) Contacts at the Australian Federal Police (AFP) confirmed
on February 3 the following sentences for convicted terror cell
leader Abdul Nacer Benbrika and his six accomplices:

-- Abdul Nacer Benbrika: 15 years (12 years without parole)
-- Aimen Joud: 8 years (7.5 years without parole)
-- Ahmed Raad: 8 years (7.5 years without parole)
-- Fadl Sayadi: 8 years (6 years without parole)
-- Ezzit Raad: 6 years (5 years, 9 months without parole)
-- Abdullah Merhi: 6 years (4.5 years without parole)
-- Amer Haddara: 6 years (4.5 years without parole)


3. (U) The seven men were found guilty in September 2008 of a
variety of offenses under Australia's new terror legislation
including leading (Benbrika) and providing resources to a terrorist
organization (reftels). Four other alleged accomplices were
acquitted and the jury was unable to reach a verdict on a twelfth
man, Shane Kent. Izzydeen Atik, another accomplice, pleaded guilty
before the trial began, but Justice Bernard Bongiorno said on
February 3 that he did not accept Atik's evidence which alleged that
Benbrika confided plans to bomb Melbourne's cricket ground in 2005
and the Crown Casino in 2006. Benbrika, Kent and three of the other
convicted men face further charges in a new trial set to commence
early this year.

All Quiet
--------------


4. (SBU) Victoria Police and AFP contacts say that the reaction to
the February 3 sentencing has been negligible. According to
officers engaged in policing within Melbourne's Muslim communities,
most have been anxious to distance themselves from Benbrika and have
been somewhat concerned that the trial may cast a negative light on
Muslims. Melbourne is home to at least one controversial cleric
named Samir Mohtadi (AKA Abu Hamza) who reportedly condoned violence
and rape within marriage during a sermon in Sydney in September

2002. Prime Minister Kevin Rudd demanded immediate repudiation of
these comments on January 22, 2009 stating that "under no
circumstances is sexual violence permissible or acceptable in
Australia."

Comment
--------------


5. (SBU) The verdict and sentencing of Australia's first full test
run of its new terror legislation has generally been well received
by Australians. Justice Bongiorno addressed anecdotal evidence of
grumbling over freedom of speech during the sentencing by stating:
"the absence of an imminent, let alone an actual, terrorist attack
does not mean that punishment is not warranted in this case."
Contacts involved in both the investigation and prosecution of the
case note that Australia's terror laws are purposefully vague, but
agree that future refinement is likely.

THURSTON