A MAGISTRATE has warned five accused terrorists and their supporters to behave themselves in court, after a second day of fiery hearings.
As one of the charged men, 33-year-old Wissam Fattal, was being led away after his appearance at the Melbourne Magistrates Court yesterday, he suddenly began shouting.
‘‘You call us terrorists. I’ve never killed anyone in my life,’’ Fattal declared. ‘‘Your army kills innocent people in Iraq and Afghanistan. Israel takes Palestinian land by force. Take me from this country.’’
Minutes before his outburst, Fattal had defied instructions to stand when being addressed by magistrate Peter Reardon.
The events came a day after another of the co-accused also refused to stand in court. Nayef El Sayed, 25, informed Mr Reardon through a lawyer that he would stand for no man, only for his god.
In response to Fattal’s refusal to stand yesterday, Mr Reardon appeared to sigh and said: ‘‘Another one’’.
He added that while he would not ‘‘push the issue’’, if the refusals continued, he would insist on compliance in future.
‘‘It shows a lack of respect for the court,’’ Mr Reardon said, adding that he was not convinced of Fattal’s refusal for religious reasons.
It is a long-established practice in Victorian courts for defendants and respondents to stand when being informed by judges and magistrates of future dates and being sentenced or arraigned.
Grace Morgan, the lawyer for Fattal, said her client meant no offence, but there was a practice among some Muslims that they stand for no one but God.
Some female supporters of the accused also did not stand as directed when Mr Reardon entered or left the court.
Reporters were called ‘‘faggots’’ and ‘‘dickheads’’ and there were laughs and giggles when two mobile phones rang, despite court rules that phones be switched off.
Also appearing in court yesterday were three co-accused, 22-year-old Yacqub Khayre, Saney Aweys, 26, and Abdirahman Ahmed, 25.
A friend of Khayre’s dressed in a soccer jersey began reading a newspaper during the proceedings, with images of the accused on the front, prompting Mr Reardon to tell him: ‘‘It is not a library. If you want to read the newspaper, go outside.’’
It is alleged Khayre left Australia in April to attend a training camp in Somalia, and engaged in conduct with Islamist group al-Shabab, before returning last month.
Ahmed was also allegedly ‘‘one of several’’ who sought a fatwa, or religious ruling, that would assist the group to commit an act.
Aweys is alleged to have aided, abetted or procured the commission of an offence by Walid Mohamed, namely his engagement in a hostile act in Somalia. Mohamed’s connection to the group has not been revealed.
Police alleged that between June and August Aweys also prepared for incursions into Somalia.
All five are alleged to have conspired to carry out an armed attack on the Holsworthy army base in Sydney’s south-west, in a plan that was intended to make them martyrs, the court heard on Tuesday.
There were no applications for bail yesterday but most lawyers indicated such applications may be forthcoming.
The five men are next scheduled to appear at a committal mention on October 26.
Source: Theage
Photo: Joe Armao
By Adrian Lowe
