Benbrika affair
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Abdul Nacer Benbrika ( ar, عبد الناصر بن بريكة) (born in Algeria about 1960), also known as Abu Bakr (Arabic: أبو بكر), is a convicted criminal, currently serving an
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n custodial sentence of fifteen years, with a non-
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
period of twelve years for intentionally being the leader and a member of a
terrorist Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
organisation. Benbrika was one of 17 men arrested in the Australian cities of
Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
and
Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
in November 2005, charged with being members of a terrorist organisation and of planning terrorist attacks on targets within Australia. Benbrika is alleged to be the spiritual leader of the group. All 17 men pleaded not guilty. On 15 September 2008 Benbrika was found guilty as charged and subsequently sentenced. Benbrika completed his sentence on 5 November 2020, but he is being kept in jail under an interim order from the
Victorian Supreme Court The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court compri ...
requested by the Federal Government's
Department of Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...
who applied to the court to keep him detained.


Personal background

Benbrika was born in
Algeria ) , image_map = Algeria (centered orthographic projection).svg , map_caption = , image_map2 = , capital = Algiers , coordinates = , largest_city = capital , relig ...
: various sources give his age as 45 or 46 as of November 2005. He was trained as an aircraft engineer. He arrived in Australia in May 1989 on a one-month visitor's permit, on which he twice gained extensions, and settled in the northern suburbs of Melbourne, an area with a large Muslim population. After his permit expired in 1990 he became a prohibited non-citizen, then spent the next six years fighting through the Immigration Review Tribunal appeals process, for the right to stay. During his hearings he told the tribunal of his "love of the Australian lifestyle". In 1992 Benbrika married a Lebanese woman who was an Australian citizen, with whom he had seven children. He was granted Australian residence in 1996 and became a citizen in 1998, although he is reported to have retained his Algerian citizenship as well. He had been on government welfare benefits for some years and this has become a topic of debate.


Standing in the Muslim community

His teachings became increasingly politicised after the US-led invasions of Afghanistan and Iraq. This came at a time when the Muslim community was under intense scrutiny from the Australian government and media outlets. Benbrika was said to have been a teacher and a deputy-leader at the Islamic Information & Support Centre of Australia led by Mohammed Omran who, as Sheikh Abu Ayman, also lead the Ahlus Sunnah Wal Jamaah Association. Omran has denied that he had close ties with Benbrika. Benbrika began teaching smaller groups on a less formal basis after he refused the requests of more formal organisations that he tone down his teachings. Islamic Council of Victoria board member
Waleed Aly Waleed Aly (born 15 August 1978) is an Australian journalist, academic, and lawyer. Aly is a lecturer in politics at Monash University working in their Global Terrorism Research Centre, and a co-host of Network Ten's news and current affairs ...
said Benbrika's group was "a splinter of a splinter of a splinter. Most Muslims had never heard of him until he appeared on the
ABC ABC are the first three letters of the Latin script known as the alphabet. ABC or abc may also refer to: Arts, entertainment, and media Broadcasting * American Broadcasting Company, a commercial U.S. TV broadcaster ** Disney–ABC Television ...
's '7.30 Report">7.30_Report.html" ;"title="'7.30 Report">'7.30 Report'." Waleed Aly was quoted as saying. "... He formed his own group with a handful of young men who he calls his students." Benbrika's students included a number of those arrested along with him in November, one of whom is alleged to have undergone military training in Afghanistan.


Terrorism

Benbrika came to public attention when he told an Australian ABC interviewer: "Osama bin Laden, he is a great man. Osama bin Laden was a great man before 11 September, which they said he did it, until now nobody knows who did it." He was quoted as defending Muslims fighting against coalition forces in
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
and Afghanistan, and said anyone who fought in the name of God would be forgiven their sins. "According to my religion,
jihad Jihad (; ar, جهاد, jihād ) is an Arabic word which literally means "striving" or "struggling", especially with a praiseworthy aim. In an Islamic context, it can refer to almost any effort to make personal and social life conform with Go ...
is a part of my religion and what you have to understand is that anyone who fights for the sake of Allah, when he dies, the first drop of blood that comes from him out all his sin will be forgiven." During 2004 and 2005 Australian security agencies had Benbrika under surveillance as a possible instigator of terrorist acts. In March his passport was withdrawn on advice from the
Australian Security Intelligence Organisation The Australian Security Intelligence Organisation (ASIO ) is Australia's national security agency responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically motivated vio ...
(ASIO), and ASIO agents raided his Melbourne home in June. In November, according to media reports, ASIO became convinced that Benbrika's group, and an affiliated group in Sydney, was actively planning a terrorist attack. It was at this time that the federal government was introducing new anti-terrorism legislation, the
Australian Anti-Terrorism Act 2005 The ''Anti-Terrorism Act 2005'' (Cth) is an Act of the Parliament of Australia, which is intended to hamper the activities of any potential terrorists in the country. The counter-terrorism law was passed on 6 December 2005. Background Hi ...
. It is said that on the advice of ASIO, the Australian Parliament amended the law relating to terrorism, broadening the definition of planning 'a' terrorist act. A few days later police raids in Sydney and Melbourne arrested Benbrika and 16 other men, one of whom was shot after allegedly opening fire on police in Sydney. It has also been said that the timing of the arrests was planned to coincide with the new laws. Benbrika and his 12 fellow defendants (including Shane Kent, Fadal Sayadi, Ahmed Raad, Amer Haddara, Abdulla Merhi, Ezzit Raad, Hany Taha and Aimen Joud) appeared in a Melbourne magistrates' court the day after their arrest. All are of Muslim immigrant backgrounds except Kent, who is a convert. Benbrika was charged with "directing the activities of a terrorist organisation." He did not apply for bail and was remanded in custody. Several of his fellow defendants applied for bail on numerous occasions during their pre-trial remand detention in the maximum security Acacia Unit of
Barwon Prison HM Prison Barwon or informally Barwon Prison, an Australian high risk and maximum security prison for males, is located from the township of Lara, near Geelong, Victoria, Australia. The facility is operated by Corrections Victoria, part of t ...
, from November 2005 until their trial began in February 2008. Benbrika also had links to the defendants in the
2005 Sydney terrorism plot The 2005 Sydney terrorism plot concerned a group of five men arrested in 2005 on charges of planning an act of terrorism targeting Sydney, Australia's most populous city and the capital of New South Wales. The group was found guilty on 16 October ...
, Khaled Cheikho, Moustafa Cheikho, Mohamed Ali Elomar, Abdul Rakib Hasan and Mohammed Omar Jamal. Government and police officials said the group was stockpiling chemicals that could have been used to make explosives, but they had not been charged with this offence. According to the Melbourne ''
Herald Sun The ''Herald Sun'' is a conservative daily tabloid newspaper based in Melbourne, Australia, published by The Herald and Weekly Times, a subsidiary of News Corp Australia, itself a subsidiary of the Murdoch owned News Corp. The ''Herald S ...
'', the group was "plotting a terrorist spectacular on the scale of the al-Qaeda attacks on London and Madrid." The explosive device they were assembling was called the "Mother of Satan" by the jihadists. Victorian police commissioner
Christine Nixon Christine Nixon (born 11 June 1953) is an Australian former police officer who was the chief commissioner of Victoria Police from 23 April 2001 to 27 February 2009, being the first female chief commissioner in any Australian state police force. ...
said she believed the arrests, which came after 16 months of police surveillance, had "seriously disrupted the activities of a group intent on carrying out a terrorist attack". The raids were planned after new information was obtained, she said. She said although the group had no known specific target, "We were concerned that the attack was imminent, and we believe that we have sufficient evidence that will go before the courts to show that." In an interview before his arrest, Benbrika denied he was involved in terrorist activities. "I am not involved in anything here," he said. "I am teaching my brothers here the
Koran The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing.: ...
and the
Sunnah In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed ...
, and I am trying my best to keep myself, my family, my kids and the Muslims close to their religion." In company with the other defendants, Benbrika appeared in a Melbourne court in March 2007, under extremely strict security. The proceedings of the case were subject to severe reporting restrictions in Victoria.


Trial

The trial of Benbrika began in October 2007. He and eleven other accused were charged of terrorism offences. The case was presided over by Justice Bernard Bongiorno and was initially prosecuted by Nick Robinson, but later trials included Richard Maidment SC as prosecutor. Benbrika was represented by Remy Van de Weil QC with Josh Taaffe of Doogue & O'Brien (now Doogue + George) instructing him. At a hearing in February 2008, the prosecution in its opening remarks outlined the details of 500 phone conversations, recorded by telephone intercepts and hidden listening devices, between Benbrika and the 11 men in his group also on trial. Prosecutors alleged phone records revealed the group's plans: "to cause maximum damage. To cause the death of a thousand ... by use of a bomb." They allege the group led by Benbrika was "bent on violent jihad" and "planned terrorist attacks on football games or train stations to maximise deaths" and that Benbrika said that in some cases it was theologically permissible to "kill women, children and the elderly". The court was told how Benbrika allegedly used at least 10 different mobile phones that were registered under false names and addresses. The jury in the case retired to consider its verdict on 20 August 2008. On 15 September Benbrika was found guilty on the charge of intentionally being the leader and a member of a terrorist organisation. On 3 February 2009 Supreme Court Justice Bernard Bongiorno sentenced Benbrika to 15 years' jail with a non-parole period of 12 years. In his comments Bongiorno said the word jihad had many meanings in Islam, but Benbrika had warped the term to mean "only a violent attack by his group to advance the Islamic cause". Bongiorno also said 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". Apart from the charges of Intentionally being a member of a terrorist organisation and Intentionally directing activities of a terrorist organisation, Benbrika was also convicted in a later trial of 'Possession of a thing connected with preparation for a terrorist act'. But a further ruling in March 2011 found him not guilty of this later charge. This conviction for the offence of 'Possession of a thing connected with preparation for a terrorist act' was quashed, with the court concluding "that the trial judge had misdirected the jury as to the requirements for establishing that offence." His sentence for the charge of Intentionally being a member of a terrorist organisation was also reduced from 7 to 5 years. Amer Hadarra, Aimen Joud, Fadl Sayadi, Abdullah Merhi, Ezzit Raad and Ahmed Raad, were also found guilty of being members of a terrorist organisation. They were all automatically paroled in 2015 after serving the minimum sentence. Hany Taha, Bassam Raad, Majed Raad and Shoue Hammoud were found not guilty. Despite having completed his sentence on 5 November 2020, Benbrika was kept in jail under an interim order from the Victorian Supreme Court. The Federal
Department of Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...
had applied to the court to keep him detained.


During imprisonment

While in jail, Benbrika has been able to exert significant influence in spreading
jihadist Jihadism is a neologism which is used in reference to "militant Islamic movements that are perceived as existentially threatening to the West" and "rooted in political Islam."Compare: Appearing earlier in the Pakistani and Indian media, Wes ...
ideology. Associates and relatives of his have died fighting for
Islamic State An Islamic state is a State (polity), state that has a form of government based on sharia, Islamic law (sharia). As a term, it has been used to describe various historical Polity, polities and theories of governance in the Islamic world. As a t ...
. The Australian Federal Government decided to revoke his Australian citizenship due to his terrorism conviction. He is the first individual to have lost citizenship onshore in Australia.


See also

*
Islam in Australia Islam in Australia is a minority religious affiliation. According to the 2021 Census in Australia, the combined number of people who self-identified as Muslims in Australia, from all forms of Islam, constituted 813,392 people, or 3.2% of t ...
*
Islamic organisations in Australia Islamic organisations in Australia include a wide range of groups and associations run and supported by the Islamic community in Australia. Organisations include major community councils, local organisations, mosques and schools. Most Australia ...
*
Islamic Information and Services Network of Australasia The Islamic Information & Services Network of Australasia (IISNA) also known as MyCentre (Multicultural Youth Centre), is an independent Islamic organisation based in Broadmeadows, Victoria. The organisation is led by Samir Mohtadi, better know ...
*
Islamic schools and branches Islamic schools and branches have different understandings of Islam. There are many different sects or denominations, Madhhab, schools of Islamic jurisprudence, and schools of Islamic theology, or ''Aqidah, ʿaqīdah'' (creed). Within Islamic gr ...
* Mohammed Omran *
Terrorism in Australia Terrorism in Australia deals with terrorist acts in Australia as well as steps taken by the Australian government to counter the threat of terrorism. In 2004 the Australian government has identified transnational terrorism as also a threat to ...


References


External links


"Cleric has been closely watched"
''CNN'', 7 November 2005

''CNN'', 8 November 2005

by Dewi Cooke, ''Sydney Morning Herald'', 8 November 2005 {{DEFAULTSORT:Benbrika, Abdul Nacer Algerian emigrants to Australia 1960s births Living people Algerian Islamists Australian Islamists Sunni Islamists Australian prisoners and detainees Algerian Sunni Muslims Australian Sunni Muslims People imprisoned on charges of terrorism Leaders of Islamic terror groups War on terror Australian people of Algerian descent Australian Muslim activists Year of birth missing (living people)