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Secret tapes don't prove terror talk, court hears
Norrie Ross
February 28, 2008 12:40pm
SECRETLY-taped conversations between men alleged to have been part of a Melbourne terror cell took place in a climate of suspicion and fear in the Muslim community about new anti-terror laws, a jury heard today.
Defence barrister Nola Karapanagiotidis told the Supreme Court that when the laws were being introduced confusion about what a person could say caused anxiety and in the Muslim community.
Ms Karapanagiotidis, appearing for accused Fadl Sayadi, said there was a cultural, political and religious context in which the conversations took place and told the jury they would not be satisfied with "the Crown's take on things".
She said Mr Sayadi, a former fork-lift driver and concreter, had a deep interest in the Muslim religion but the jury should not assume he was part of a terrorist organisation.
"He may have held views you don't necessarily agree with or like," Ms Karapanagiotidis said in opening her client's case.
She said the defence disputed a claim by prosecutor Richard Maidment SC that Mr Sayadi was a member of the group's consultative committee and was its security officer.
It was a label and she warned the jury labels had a habit of sticking.
Ms Karapanagiotidis also told the jury they should not assume the group of men was a terrorist organisation just because it was characterised like that by the prosecution.
On trial before Justice Bernard Bongiorno are: Abdul Nacer Benbrika, 48, of Dallas, Shane Kent, 31, Meadow Heights, Majed Raad, 23, Coburg, Abdullah Merhi, 22, Fawkner, Aimen Joud, 23, Hoppers Crossing, Ahmed Raad, 24, Fawkner, Fadl Sayadi, 28, Coburg, Ezzit Raad, 26, Preston, Hany Taha, 33, Hadfield, Shoue Hammoud, 28, Hadfield, Bassam Raad, 26, Brunswick and Amer Haddara, 28, Yarraville.
The charges include intentionally being members of a terrorist organisation involved in the fostering or preparation of a terrorist act.
They have pleaded not guilty to all of the charges.
Opening the case for Shane Kent, defence barrister John O'Sullivan, told the jury they would hear very little evidence against his client.
There were 482 secretly-taped conversations to be played at the trial and Mr Kent only appeared in 20 of them.
Mr O'Sullivan said each of the accused was entitled to be judged separately and the trial was not a "job lot".
He told the jury most of the evidence was contained in the tapes and there would be very little dispute about what was said in the conversations.
"The principal issue is not about the truth of the alleged facts. The key issue is about the meaning of those facts. The inferences you draw," Mr O'Sullivan said.
The trial is contuinuing.
Secret tapes don't prove terror talk, court hears
Norrie Ross
February 28, 2008 12:40pm
SECRETLY-taped conversations between men alleged to have been part of a Melbourne terror cell took place in a climate of suspicion and fear in the Muslim community about new anti-terror laws, a jury heard today.
Defence barrister Nola Karapanagiotidis told the Supreme Court that when the laws were being introduced confusion about what a person could say caused anxiety and in the Muslim community.
Ms Karapanagiotidis, appearing for accused Fadl Sayadi, said there was a cultural, political and religious context in which the conversations took place and told the jury they would not be satisfied with "the Crown's take on things".
She said Mr Sayadi, a former fork-lift driver and concreter, had a deep interest in the Muslim religion but the jury should not assume he was part of a terrorist organisation.
"He may have held views you don't necessarily agree with or like," Ms Karapanagiotidis said in opening her client's case.
She said the defence disputed a claim by prosecutor Richard Maidment SC that Mr Sayadi was a member of the group's consultative committee and was its security officer.
It was a label and she warned the jury labels had a habit of sticking.
Ms Karapanagiotidis also told the jury they should not assume the group of men was a terrorist organisation just because it was characterised like that by the prosecution.
On trial before Justice Bernard Bongiorno are: Abdul Nacer Benbrika, 48, of Dallas, Shane Kent, 31, Meadow Heights, Majed Raad, 23, Coburg, Abdullah Merhi, 22, Fawkner, Aimen Joud, 23, Hoppers Crossing, Ahmed Raad, 24, Fawkner, Fadl Sayadi, 28, Coburg, Ezzit Raad, 26, Preston, Hany Taha, 33, Hadfield, Shoue Hammoud, 28, Hadfield, Bassam Raad, 26, Brunswick and Amer Haddara, 28, Yarraville.
The charges include intentionally being members of a terrorist organisation involved in the fostering or preparation of a terrorist act.
They have pleaded not guilty to all of the charges.
Opening the case for Shane Kent, defence barrister John O'Sullivan, told the jury they would hear very little evidence against his client.
There were 482 secretly-taped conversations to be played at the trial and Mr Kent only appeared in 20 of them.
Mr O'Sullivan said each of the accused was entitled to be judged separately and the trial was not a "job lot".
He told the jury most of the evidence was contained in the tapes and there would be very little dispute about what was said in the conversations.
"The principal issue is not about the truth of the alleged facts. The key issue is about the meaning of those facts. The inferences you draw," Mr O'Sullivan said.
The trial is contuinuing.