Joseph T. Thomas: Difference between revisions

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{{short description|Australian citizen (born 1973)}}

[[Image:jihadjack.JPG|thumb|right|Joseph Thomas]]

{{other people||Joseph Thomas (disambiguation)}}

{{Use dmy dates|date=July 2020}}

{{Use Australian English|date=October 2011}}

{{Lead extra info|date=July 2022}}

{{Infobox person

| name = Joseph "Jihad Jack" Terrence Thomas

| image =

| caption =

| birth_date = 1973

| birth_place =

| occupation =

| known_for =

| criminal_charge = Terrorism-related offenses

| criminal_penalty = 5 years in prison with a non-parole period of 2 years (later overturned on appeal)

| spouse =

| children =

| website =

}}

'''Joseph "Jihad Jack" Terrence Thomas''' (b.born [[1973]]) is an Australian citizen who undertook pistol, light firearm and demolition training with [[AustraliaAl-Qaeda]]n.{{Not citizenverified whosein convictionbody|date=July 2022}} Osama Bin Laden visited his training camp three times while he was in attendance and he shook hands with him.{{Not verified in body|date=July 2022}} He was convicted for receiving funds from [[Al-Qaeda]], which was later overturned on appeal. Thomas, commonly referred to in Australian media as "Jihad Jack", was acquitted of providing resources that would assist in a terrorist act before becoming the first Australian to be placed under a control order under the [[Australian Anti-Terrorism Act 2005]].

==TerrorTerrorism conviction==

'''Joseph "Jack" Terrence Thomas''' (b. [[1973]]) is an [[Australia]]n citizen whose conviction for receiving funds from [[Al-Qaeda]] was overturned on appeal. Thomas, commonly referred to in Australian media as "Jihad Jack", was acquitted of providing resources that would assist in a terrorist act before becoming the first Australian to be placed under a control order under the [[Australian Anti-Terrorism Act 2005]].

[[File:Jihad Jack's Brother at Rally.png|thumb|Thomas' brother Les speaks at an anti-war rally.{{Explain|date=July 2022|reason=What is his brother's role?}}]]

Joseph Terrence Thomas was the first Australian to be convicted under [[anti-terrorism]] laws introduced in Australia after the [[September 11, attacks|11 September 2001 attacks]] in the [[United States]]. <ref name=thomas_age>[http://www.theage.com.au/news/National/Thomas-convicted-under-terror-laws/2006/02/26/1140888736669.html Thomas convicted under terror laws], [[The Age]], February 26, February 2006</ref> He was sentenced on [[31 March 31]], [[2006]] to five years prison with a non-parole period of two years.<ref name=thomas_news>[http://www.news.com.au/story/0,10117,18665257-421,00.html Thomas sentenced under terror laws] {{webarchive|url=https://web.archive.org/web/20060519213607/http://www.news.com.au/story/0%2C10117%2C18665257-421%2C00.html |date=19 May 2006 }}, [[News.com.au]], March 31, March 2006</ref> Thomas's lawyer, [[Rob Stary]], described the not guilty verdicts on the more serious charges as a "significant victory".

[[Attorney-General of Australia]] [[Philip Ruddock]] said after news of the conviction,

==Terror conviction==

Thomas was the first Australian to be convicted under [[anti-terrorism]] laws introduced in Australia after the [[September 11, 2001 attacks]] in the [[United States]]. <ref name=thomas_age>[http://www.theage.com.au/news/National/Thomas-convicted-under-terror-laws/2006/02/26/1140888736669.html Thomas convicted under terror laws], [[The Age]], February 26, 2006</ref> He was sentenced on [[March 31]], [[2006]] to five years prison with a non-parole period of two years.<ref name=thomas_news>[http://www.news.com.au/story/0,10117,18665257-421,00.html Thomas sentenced under terror laws], [[News.com.au]], March 31, 2006</ref> Thomas's lawyer, Rob Stary, described the not guilty verdicts on the more serious charges as a "significant victory".

:"<blockquote>The convictions of Mr. Thomas for the terrorist offence and the offence related to passport manipulation demonstrate the seriousness with which these issues are dealt with by the law and highlights the consequences of becoming involved in these activities".<ref name=thomas_age/> </blockquote>

[[Attorney-General of Australia]] [[Philip Ruddock]] said after news of the conviction,

:"The convictions of Mr. Thomas for the terrorist offence and the offence related to passport manipulation demonstrate the seriousness with which these issues are dealt with by the law and highlights the consequences of becoming involved in these activities".<ref name=thomas_age/>

This was in relation to his travels to [[Pakistan]] and [[Afghanistan]], after he married and converted to [[Islam]]. Thomas left Australia for Pakistan on 23 March 23, 2001, and returned home on 6 June 6, 2003. Since his arrest, Thomas has been referred to in the media as "Jihad Jack". When he converted to Islam the self described [[Aussie battler]] took on the name [[Jihad]], Arabic for struggle.<ref name=thomas_4c>[http://www.abc.net.au/4corners/content/2006/s1580223.htm The Convert], ''[[Four Corners (Australian TV seriesprogram)|Four Corners]]'', February 27, February 2006</ref><ref>{{cite news|author=From the ABC's Four Corners program|title=The Transcript: What Thomas told Four Corners|url=http://www.theaustralian.news.com.au/story/0,20867,20199530-601,00.html|work=The Australian|publisher=News Limited|date=[[21 August]] 2006|accessdate=2006-08-28|archive-url=https://web.archive.org/web/20060828190737/http://www.theaustralian.news.com.au/story/0,20867,20199530-601,00.html|archive-date=28 August 2006|url-status=dead}}</ref>.

==Conviction overturned==

The trial was highly controversial, as the evidence used to prosecute Thomas consisted solely of an interview conducted in a Pakistani military prison. <ref name=thomas_4c /> Despite claims that the evidence was obtained under duress and that Thomas had been tortured, the judge deemed the interview to be admissible. The conviction was overturned on appeal by the [[Supreme Court of Victoria|Victorian Court of Appeal]] in the case of ''[[R v Thomas]]'', with the appeals judges ruling that the trial judge should have ruled the evidence inadmissableinadmissible. <ref>[http://www.theaustralian.news.com.au/story/0,20867,20170954-1702,00.html Australian terror convictions quashed]{{dead link|date=March 2025|bot=medic}}{{cbignore|bot=medic}} - [[The Australian]]. [[18 August 18]], [[2006]].</ref> <ref>[http://www.austlii.edu.au/au/cases/vic/VSCA/2006/165.html R v Thomas (2006) VSCA 165] [[18 August 18]], [[2006]].</ref>

==Control order==

On [[28 August]] 2006, following the quashing of the convictions, Thomas was the first person to be issued with a control order under the [[Australian Anti-Terrorism Act 2005]] after written consent was provided by the Australian [[Attorney-General]] [[Philip Ruddock]].<ref>Michael Walton, ''[http://www.nswccl.org.au/docs/pdf/Anti-Terrorism%20Bill%202005%20(consolidated).pdf A consolidation of the changes to the Criminal Code Act 1995 (Cth), Crimes Act 1914 (Cth) & Australian Security Intelligence Organisation Act 1979 (Cth) proposed in the Anti-Terrorism Bill 2005 (Cth)] {{webarchive|url=https://web.archive.org/web/20070928062717/http://www.nswccl.org.au/docs/pdf/Anti-Terrorism%20Bill%202005%20%28consolidated%29.pdf |date=28 September 2007 }}'', NSW Council for Civil Liberties, 16 October 2005</ref> The control order places the following restrictions on Thomas:

* He must abide by a [[curfew]], confining him to his home from midnight until 5am each morning.<ref>{{cite news|title=Curfew order for Jack Thomas|url=http://www.smh.com.au/news/national/curfew-order-for-jack-thomas/2006/08/28/1156617254376.html|work=The Sydney Morning Herald|publisher=Fairfax|date=[[28 August]] 2006|accessdate=2006-08-28}}</ref>

* He is restricted in the phone services he is allowed to operate (one mobile phone, one land line) and must have these approved by the [[Australian Federal Police]]. He is prohibited from using public pay phones.<ref>{{cite news|author=Helen Brown and others|title=Transcript: Govt places curfew on Jack Thomas|url=http://www.abc.net.au/lateline/content/2006/s1726436.htm|work=Lateline|publisher=Australian Broadcasting Corporation|date=[[28 August]] 2006|accessdate=2006-08-29|display-authors=etal}}</ref>.

* He is required to seek written approval to make telephone calls.<ref>{{cite news|author=ABC staff|title=Thomas family vows to fight control order|url=http://www.abc.net.au/news/newsitems/200608/s1726381.htm|work=ABC online|publisher=Australian Broadcasting Corporation|date=[[28 August]] 2006|accessdate=2006-08-29}}</ref>.

* He is not to communicate with a list of persons identified as terrorists including [[Osama bin Laden]],<ref name="smh_wife">{{cite news|author=Tom Allard|title=Jihad Jack wife's terror link|url=http://www.smh.com.au/news/national/jihad-jack-wifes-terror-link/2006/08/28/1156617275236.html?page=fullpage#contentSwap1|work=The Sydney Morning Herald|publisher=Fairfax|date=[[29 August]] 2006|accessdate=2006-08-29}}</ref>, [[Ayman al-Zawahiri]] and [[Abu Musab al-Zarqawi]]<ref>{{cite news|author=Mark Dunn|title=Curfew after terrorism acquittal|url=http://www.news.com.au/couriermail/story/0,23739,20287221-953,00.html|work=The Courier-Mail|publisher=News Limited|date=[[29 August]] 2006|accessdate=2006-08-29}} {{Dead link|date=October 2010|bot=H3llBot}}</ref>

* He must agree to be fingerprinted.

* He must not leave Australia.

Australian federal magistrate Graham Mowbray made the assessment that Thomas is capable of launching a terrorist attack and that his wife has links to the alleged spiritual leader of Jemaah Islamiah, [[Abu Bakar Bashir]].<ref name="smh_wife" /> Thomas and his wife have stated that his wife was a friend of a friend of the woman who became Bashir's wife.<ref>{{cite news|author=Stephen Fitzpatrick|coauthorsauthor2=Natasha Robinson|title=Jihad Jack's wife denies link to Bashir|url=http://www.theaustralian.news.com.au/story/0,20867,20310672-601,00.html|work=The Australian|publisher=News Limited|date=[[31 August]] 2006|accessdate=2006-08-31|archive-url=https://web.archive.org/web/20060902061047/http://www.theaustralian.news.com.au/story/0,20867,20310672-601,00.html|archive-date=2 September 2006|url-status=dead}}</ref> Sidney Jones<ref>[http://www.crisisgroup.org/home/index.cfm?id=1349&l=1 Sidney Jones biography] {{webarchive|url=https://web.archive.org/web/20060829204314/http://www.crisisgroup.org/home/index.cfm?id=1349&l=1 |date=29 August 2006 }} from the [http://www.crisisgroup.org/home/index.cfm?id=1349&l=1 International Crisis Group website]</ref> of the [[International Crisis Group]] says the link is a case of mistaken identity based on surname.<ref>{{cite news|author=Ian Munro |coauthorsauthor2=Mark Forbes and|author3=Nick McKenzie |author3-link=Nick McKenzie |title=Jihad Jack's JI link: six words in a hotel|url=http://www.smh.com.au/news/national/jack-thomas-ji-link/2006/08/30/1156816970648.html?page=fullpage#contentSwap1|work=The Sydney Morning Herald|publisher=Fairfax|date=[[31 August]] 2006|accessdate=2006-08-31}}</ref> Since granting the control order, Magistrate Mowbray has criticised the inclusion of Osama Bin Laden on the list of people with whom Thomas must not have contact. He has also criticised the timing of the order, which interrupted a holiday Thomas was having with his family.<ref>{{cite news|author=AAP|title=Bin Laden link 'silly'|url=http://www.smh.com.au/news/national/bin-laden-link-silly/2006/08/31/1156817005419.html|work=The Sydney Morning Herald|publisher=Fairfax|date=[[31 August]] 2006|accessdate=2006-08-31}}</ref>

Thomas has[[Thomas appealedv againstMowbray|unsuccessfully appealed]] the making of the control order to the [[High Court of Australia]].<ref>{{cite news|author=ABC staff|title=Anti-terrorism control orders unconstitutional, High Court hears|url=http://www.abc.net.au/news/newsitems/200612/s1804402.htm|work=ABC online|publisher=Australian Broadcasting Corporation|date=[[5 December]] 2006|accessdate=2006-12-05}}</ref>.

==Retrial==

On 20th December 2006 Thomas was ordered to face a retrial, based on an interview<ref name=thomas_4c /> with the [[Australian Broadcasting Corporation|Australian Broadcasting Corporation's]] [[Four Corners (TV series)|4 Corners]] television program.<ref>{{cite news|author=ABC staff|title=Thomas to face retrial on terrorism charges|url=http://www.abc.net.au/news/newsitems/200612/s1815446.htm|work=ABC online|publisher=Australian Broadcasting Corporation|date=[[20 December]] 2006|accessdate=2006-12-20}}</ref>

On 20 December 2006, Thomas was ordered to face a retrial, based on an interview<ref name=thomas_4c /> with the [[Australian Broadcasting Corporation|Australian Broadcasting Corporation's]] ''[[Four Corners (Australian TV program)|Four Corners]]'' television program.<ref>{{cite news|author=ABC staff|title=Thomas to face retrial on terrorism charges|url=http://www.abc.net.au/news/newsitems/200612/s1815446.htm|work=ABC online|publisher=Australian Broadcasting Corporation|date=20 December 2006|accessdate=2006-12-20|archive-url=https://web.archive.org/web/20070112054111/http://www.abc.net.au/news/newsitems/200612/s1815446.htm|archive-date=12 January 2007|url-status=dead}}</ref> On 23 October 2008, Thomas was found not guilty of the terrorism charges but was found guilty of a passport offence, which carries a maximum penalty of two years' imprisonment. Thomas has already served nine months. Justice Elizabeth Curtain on 29 October 2008 ordered that Thomas be imprisoned for nine months but found he was free to go after taking into account time already served. "No other penalty is appropriate in the circumstances of this case other than a sentence of imprisonment," Justice Curtain said. She ordered that Thomas be released immediately on a Commonwealth recognisance order to be of good behaviour for the five days remaining of his sentence once the 265 days of pre-sentence detention had been taken into account. He was also required to pay a $1000 bond. Thomas was represented by former Victorian Deputy Premier [[Jim Kennan]].<ref>{{cite AustLII|VSC|620|2008|litigants=R v Thomas |date=29 October 2008 |courtname=auto}}.</ref><ref>{{cite news|author=Sarah-Jane Collins|title=Jack Thomas spared further jail time|url=http://www.theage.com.au/national/jack-thomas-spared-further-jail-time-20081029-5ba0.html|work=The Age|date=29 October 2008|accessdate=2008-10-30}}</ref>

==See also==

* [[Islamic terrorism and Australia]]

* [[Thomas v Mowbray]]

==References==

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{{Reflist}}

<div class="references-small">

<references/>

</div>

==External links==

* [https://web.archive.org/web/20060901042352/http://www.justice4jack.com/ Justice for Jack Campaign website]

* [http://www.justice4jack.com/ Justice for Jack Campaign website]

* [http://www.nationalsecurity.gov.au/ National Security website] from the Australian Attorney-General's Department

[[Category{{DEFAULTSORT:1973 births|Thomas, Joseph]] T.}}

[[Category:Living1973 people|Thomas, Josephbirths]]

[[Category:AustralianLiving Muslims|Thomas, Josephpeople]]

[[Category:Al-Qaeda|Thomas,Australian JosephMuslims]]

[[Category:PeopleConverts convictedto on terrorism charges|Thomas, JosephIslam]]

[[Category:ConvertsPeople tofrom Islam|Thomas, JosephMelbourne]]

[[Category:PeopleTerrorism fromin Melbourne|Thomas, JosephAustralia]]

[[Category:Australian expatriates in Pakistan]]