Abdul Nacer Benbrika
Encyclopedia
Abdul Nacer Benbrika (born in Algeria about 1960), also known as Abu Bakr (Arabic: أبو بكر), was one of 17 men arrested in the Australian cities of Sydney
and Melbourne
in November 2005, charged with being members of a terrorist
organisation and of planning terrorist attacks on targets within the country. 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 on the charge of intentionally being the leader and a member of a terrorist organisation.
: 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.
Islamic Council of Victoria board member Waleed Aly
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
." 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
.
, 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
and Afghanistan, and said anyone who fought in the name of God would be forgiven their sins. "According to my religion, jihad
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
(ASIO), and ASIO agents raided his Melbourne home in June. In November, according to media reports, ASIO became convinced that Benbrika's group, and affiliated group in Sydney, was actively planning a terrorist attack. It was at this time that the federal government was introducing new anti-terrorim legislation, the Australian Anti-Terrorism Act 2005
. 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, Raad Ahmed, Amer Haddara, Abdulla Merhi Raad Ezzit, Hany Taha and Aimen Joud) appeared in a Melbourne magistrate's 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 organization." 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, from November 2005 until their trial began in February 2008.
Benbrika also had links to the defendants in the 2005 Sydney terrorism plot
, 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, Butthey had not been charged with this offense. According to the Melbourne Herald Sun
, 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
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 and the Sunnah
, 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 are subject to severe reporting restrictions in Victoria.
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".
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
and Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in November 2005, charged with being members of a terrorist
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
organisation and of planning terrorist attacks on targets within the country. 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 on the charge of intentionally being the leader and a member of a terrorist organisation.
Personal background
Benbrika was born in AlgeriaAlgeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
: 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
Lebanese people
The Lebanese people are a nation and ethnic group of Levantine people originating in what is today the country of Lebanon, including those who had inhabited Mount Lebanon prior to the creation of the modern Lebanese state....
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.
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. Abu Bakr 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
Waleed Aly is an Australian lawyer, academic and rock musician. He has been a member of the executive committee of the Islamic Council of Victoria and has served as the council's head of public affairs. He is a frequent commentator on Australian Muslim affairs. In 2008 he was selected to...
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
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...
." 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
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
.
Terrorism
Benbrika came to public attention when he told an ABC Radio interviewer: "Osama bin LadenOsama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
, 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
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
and Afghanistan, and said anyone who fought in the name of God would be forgiven their sins. "According to my religion, jihad
Jihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
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
Australian Security Intelligence Organisation
The Australian Security Intelligence Organisation is Australia's national security service, which is responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically-motivated violence, attacks on the Australian defence system, and...
(ASIO), and ASIO agents raided his Melbourne home in June. In November, according to media reports, ASIO became convinced that Benbrika's group, and affiliated group in Sydney, was actively planning a terrorist attack. It was at this time that the federal government was introducing new anti-terrorim legislation, the Australian Anti-Terrorism Act 2005
Australian Anti-Terrorism Act 2005
The Anti-Terrorism Act 2005 is legislation intended to hamper the activities of any potential terrorists in Australia. It was passed by the Commonwealth Parliament on 6 December 2005.- Chronology :...
. 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, Raad Ahmed, Amer Haddara, Abdulla Merhi Raad Ezzit, Hany Taha and Aimen Joud) appeared in a Melbourne magistrate's 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 organization." 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, from November 2005 until their trial began in February 2008.
Benbrika also had links to the defendants in the 2005 Sydney terrorism plot
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...
, 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, Butthey had not been charged with this offense. According to the Melbourne Herald Sun
Herald Sun
The Herald Sun is a morning tabloid newspaper based in Melbourne, Australia. It is published by The Herald and Weekly Times, a subsidiary of News Limited, itself a subsidiary of News Corporation. It is available for purchase throughout Melbourne, Regional Victoria, Tasmania, the Australian Capital...
, 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
Christine Nixon APM was the Chief Commissioner of Victoria Police between 23 April 2001 and 27 February 2009. After leaving Victoria Police, she was appointed chair of the Victorian Bushfire Reconstruction and Recovery Authority in February 2009 until she stood down from the position in July...
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 and the Sunnah
Sunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
, 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 are subject to severe reporting restrictions in Victoria.
Trial
The trial of Benbrika began in February 2008. The charges against him included, "intentionally being members of a terrorist organisation involved in the fostering or preparation of a terrorist act." The case was prosecuted by Richard Maidment SC and presided over by Justice Bernard Bongiorno. The defendant was represented by Remy Van de Weil QC with Doogue & O'Brien Solicitors instructing him. The prosecution in 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 allehed 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".
External links
- "Cleric has been closely watched", CNN, 7 November 2005
- "Terror swoop: More arrests likely", CNN, 8 November 2005
- "Jihad in Australia: court told of plot", by Dewi Cooke, Sydney Morning Herald, 8 November 2005