Australia: Bail Appeal Expected In Terrorism Case

Adrian Lowe

Sydney, Australia, August 29, 2009 – Three men accused of plotting a terrorist attack will take their fight for bail to the Supreme Court, claiming they are being held in Guantanamo Bay-style conditions.

Yesterday their bid for bail was refused in the Melbourne Magistrates Court. The magistrate, Peter Reardon, acknowledged that while the custody arrangements for the men were ''not desirable'', he was unable to grant bail because their lawyers had not shown exceptional circumstances for their release.

Saney Aweys, 26, Yacqub Khayre, 22, and Nayef El Sayed, 25, have each been charged with one count of conspiring to commit acts in preparation for a suicide terrorist attack on the army base at Holsworthy.

Mr Aweys's lawyer, Rob Stary, criticized the case against the men, saying they were being held in conditions akin to the notorious US military prison in Guantanamo Bay, Cuba. Speaking of the refusal of bail, Mr Stary said: ''We are disappointed, particularly in the context of this case being yet another example of the sort of embellishment and overstatement and exaggeration that the authorities engage in.

''The case that was put before the court was completely different at the time of the arrest of the accused. There was no imminent terrorist attack.

''For unconvicted, innocent people, they are Guantanamo Bay-style conditions. We know that for a fact.

''How can they get a fair trial in these circumstances? You're supposed to have a presumption of innocence. Well, in these cases there's a presumption of guilt.''

Asked if there would be an application in the Supreme Court, Mr Stary replied: ''Yes, we will''.

Terrorism charges require the defense to establish that exceptional circumstances exist before bail can be granted.

In handing down his decision on bail after a four-day application, Mr Reardon said the three men must be kept in custody that was ''humane''.

''These men are effectively treated as convicted men by being placed in the Acacia unit,'' he said. ''They are placed with men who have been found guilty of committing the most heinous crimes in the state … even though these men are innocent until proven otherwise. The current conditions are not desirable for men yet to face trial.''

Mr Reardon said the charges the men were facing were serious.

Source: Sydney Morning Herald, August 27, 2009

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